I 

111TH CONGRESS 

1ST SESSION H. R. 4116 

To reauthorize the Family Violence Prevention and Services Act, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2009 

Ms. MOORE of Wisconsin (for herself, Mr. SCHOCK, Mr. SABLAN, and Mrs. 

BIGGERT) introduced the following bill; which was referred to the Committee on Education and Labor 

A BILL 

To reauthorize the Family Violence Prevention and Services 

Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘FVPSA Reauthoriza5 tion Act of 2009’’. 

6 SEC. 2. FAMILY VIOLENCE PREVENTION AND SERVICES. 

7 The Family Violence Prevention and Services Act (42 

8 U.S.C. 10401 et seq.) is amended to read as follows: 


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1 ‘‘TITLE III—FAMILY VIOLENCE 

2 PREVENTION AND SERVICES 

3 ‘‘SEC. 301. PURPOSE. 

4 ‘‘It is the purpose of this title to provide services and 

5 interventions to prevent and end family violence, domestic 

6 violence, and dating violence by— 

7 ‘‘(1) assisting States and State coalitions in 

8 supporting local family violence, domestic violence, 

9 and dating violence programs; 

10 ‘‘(2) strengthening the capacity of Indian tribes 

11 to exercise their sovereign authority to respond to 

12 family violence, domestic violence, and dating vio13 lence; 

14 ‘‘(3) providing for technical assistance and 

15 training centers relating to family violence, domestic 

16 violence, and dating violence; 

17 ‘‘(4) maintaining a national domestic violence 

18 hotline; and 

19 ‘‘(5) supporting primary and secondary preven20 tion of family violence, domestic violence, and dating 

21 violence. 

22 ‘‘SEC. 302. DEFINITIONS. 

23 ‘‘In this title: 

24 ‘‘(1) CHILDREN EXPOSED TO FAMILY VIO25 LENCE, DOMESTIC VIOLENCE, OR DATING VIOVerDate Nov 24 2008 01:19 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4116.IH H4116

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1 LENCE.—The term ‘children exposed to family vio2 lence, domestic violence, or dating violence’ means 

3 the multiple experiences of children living in homes 

4 where an adult is using physically violent behavior in 

5 a pattern of coercion against an intimate partner. 

6 Exposure to domestic violence or dating violence, ab7 sent other indicators of abuse or neglect, shall not 

8 be construed as child maltreatment. 

9 ‘‘(2) DATING VIOLENCE.—The term ‘dating vio10 lence’ means any act or pattern of acts of violence, 

11 harassment, coercion, forcible detention, kidnapping, 

12 or abuse, including any threatened act committed by 

13 an adult or minor person who is or has been in a 

14 social relationship of a romantic or intimate nature 

15 with the victim, as determined based on the fol16 lowing factors: 

17 ‘‘(A) The length of the relationship. 

18 ‘‘(B) The type of relationship. 

19 ‘‘(C) The frequency of interaction between 

20 the persons involved in the relationship. 

21 ‘‘(3) DOMESTIC VIOLENCE AND FAMILY VIO22 LENCE.—For the purposes of this chapter, the terms 

23 ‘domestic violence and family violence’ means any 

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1 cion, forcible detention, kidnapping, or abuse, includ2 ing any threatened act, committed by— 

3 ‘‘(A) a current or former spouse of the vic4 tim; 

5 ‘‘(B) a person with whom the victim shares 

6 a child in common; 

7 ‘‘(C) a person who is cohabitating with or 

8 has cohabitated with the victim as a spouse; 

9 ‘‘(D) a person similarly situated to a 

10 spouse of the victim under the domestic or fam11 ily violence laws of the jurisdiction receiving 

12 grant monies; or 

13 ‘‘(E) any other person against an adult or 

14 youth victim who is protected from that per15 son’s acts under the domestic violence laws of 

16 the jurisdiction. 

17 ‘‘(4) INDIAN TRIBE; TRIBAL ORGANIZATION.— 

18 The terms ‘Indian tribe’ and ‘tribal organization’ 

19 have the meanings given such terms in section 4 of 

20 the Indian Self-Determination and Education Assist21 ance Act (25 U.S.C. 450b). 

22 ‘‘(5) PERSONALLY IDENTIFYING INFORMATION; 

23 PERSONAL INFORMATION.—The terms ‘personally 

24 identifying information’ and ‘personal information’ 

25 means individually identifying information for or 


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1 about an individual including information likely to 

2 disclose the location of a victim of family violence, 

3 domestic violence or dating violence, regardless of 

4 whether the information is encoded, encrypted, 

5 hashed, or otherwise protected, including— 

6 ‘‘(A) a first and last name; 

7 ‘‘(B) a home or other physical address; 

8 ‘‘(C) contact information (including a post9 al, e-mail or Internet protocol address, or tele10 phone or facsimile number); 

11 ‘‘(D) a Social Security number; and 

12 ‘‘(E) any other information, including date 

13 of birth, racial or ethnic background, or reli14 gious affiliation, that, in combination with any 

15 of subparagraphs (A) through (D), would serve 

16 to identify any individual. 

17 ‘‘(6) RACIAL AND ETHNIC MINORITY GROUP.— 

18 The term ‘racial and ethnic minority group’ has the 

19 same meaning given such terms in section 1707(g) 

20 of the Public Health Service Act (42 U.S.C. 300u– 

21 6(g)). 

22 ‘‘(7) SECRETARY.—The term ‘Secretary’ means 

23 the Secretary of Health and Human Services. 

24 ‘‘(8) SHELTER.—The term ‘shelter’ means the 

25 provision of temporary refuge and related assistance 


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1 in compliance with applicable State law (including 

2 regulation) governing the provision, on a regular 

3 basis, of shelter, safe homes, meals, and related as4 sistance to victims of family violence or domestic vio5 lence, and their dependents. 

6 ‘‘(9) STATE.—The term ‘State’ means each of 

7 the several States, the District of Columbia, the 

8 Commonwealth of Puerto Rico, Guam, American 

9 Samoa, the United States Virgin Islands, and the 

10 Commonwealth of the Northern Mariana Islands, ex11 cept as otherwise provided. 

12 ‘‘(10) STATE DOMESTIC VIOLENCE COALI13 TION.—The term ‘State Domestic Violence Coalition’ 

14 means a statewide or territory-wide nonprofit, non15 governmental domestic violence organization that— 

16 ‘‘(A) has a membership that includes a 

17 majority of the primary-purpose domestic vio18 lence service providers in the State; 

19 ‘‘(B) has board membership representative 

20 of primary-purpose domestic violence service 

21 providers or such service providers and the 

22 other representatives of the community in which 

23 the services are being provided in the State; 

24 ‘‘(C) has as its purpose to provide edu25 cation, support, and technical assistance to such 


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1 service providers to enable the providers to es2 tablish and maintain shelter and supportive 

3 services for victims of domestic violence and 

4 their dependents; 

5 ‘‘(D) serves as an information clearing6 house, primary point of contact, and resource 

7 center on domestic violence for the State and 

8 supports the development of polices, protocols, 

9 and procedures to enhance domestic violence 

10 intervention and prevention in the State; and 

11 ‘‘(E) does not operate under the auspice of 

12 any government office, private entity, or um13 brella organization. 

14 ‘‘(11) SUPPORTIVE SERVICES.—The term ‘sup15 portive services’ means services for adult and youth 

16 victims of family violence, domestic violence, dating 

17 violence, and children exposed to family violence, do18 mestic violence, or dating violence, that are designed 

19 to— 

20 ‘‘(A) meet the needs of such victims of 

21 family violence, domestic violence, or dating vio22 lence and their children, for short-term, transi23 tional, or long-term safety; or 


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1 ‘‘(B) provide counseling, advocacy, or as2 sistance for victims in recovery from violence or 

3 abuse and their children. 

4 ‘‘(12) UNDERSERVED POPULATIONS; UNDER5 SERVED INDIVIDUALS.—The terms ‘underserved 

6 populations’ and ‘underserved individuals’ mean— 

7 ‘‘(A) adult and youth victims of family vio8 lence, domestic violence, and dating violence 

9 and their children who face obstacles in access10 ing and using State and local domestic violence 

11 and dating violence services due to factors such 

12 as— 

13 ‘‘(i) marginalized racial and ethnic 

14 identities; 

15 ‘‘(ii) American Indian status; 

16 ‘‘(iii) cultural and language barriers; 

17 ‘‘(iv) immigration status; 

18 ‘‘(v) physical, sensory, or cognitive 

19 disabilities; 

20 ‘‘(vi) mental disabilities or other men21 tal health needs; 

22 ‘‘(vii) sexual orientation or gender 

23 identity; 

24 ‘‘(viii) age (including both elders and 

25 minors); 


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1 ‘‘(ix) geographical location; and 

2 ‘‘(x) faith or religious practice; and 

3 ‘‘(B) other populations determined to be 

4 underserved by a State or by the Family Vio5 lence Prevention and Services Program. 

6 ‘‘(13) YOUTH.—The term ‘youth’ means teen 

7 and young adult victims of domestic violence or dat8 ing violence between the ages of 12 and 24. 

9 ‘‘SEC. 303. AUTHORIZATIONS OF APPROPRIATIONS; RES10 ERVATIONS. 

11 ‘‘(a) IN GENERAL.— 

12 ‘‘(1) AUTHORIZATION.—There are authorized to 

13 be appropriated to carry out this title, except sec14 tions 313, 314, and 315, $250,000,000 for each of 

15 fiscal years 2010 through 2014. 

16 ‘‘(2) RESERVATIONS OF FUNDS.—Subject to 

17 paragraph (3), from the total amount made available 

18 under paragraph (1) for a fiscal year, the Secretary 

19 shall reserve— 

20 ‘‘(A) not less than 70 percent to carry out 

21 section 306; 

22 ‘‘(B) not less than 10 percent to carry out 

23 section 309; 

24 ‘‘(C) not less than 6.5 percent to carry out 

25 section 310; 


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1 ‘‘(D) not less than 10 percent to carry out 

2 section 311; and 

3 ‘‘(E) not more than 2.5 percent to carry 

4 out section 304 and for any other Federal ad5 ministrative costs related to activities of the 

6 Secretary under this title. 

7 ‘‘(3) RESERVATIONS OF FUNDS WHERE APPRO8 PRIATIONS EQUAL OR EXCEED $130,000,000.— 

9 ‘‘(A) IN GENERAL.—For a fiscal year for 

10 which the amount appropriated under para11 graph (1) equals or exceeds $130,000,000, the 

12 Secretary shall reserve— 

13 ‘‘(i) subject to subparagraph (B), not 

14 less than 68.25 percent to carry out sec15 tion 306; 

16 ‘‘(ii) not less than 10 percent to carry 

17 out section 309; 

18 ‘‘(iii) not less than 6.33 percent to 

19 carry out section 310; 

20 ‘‘(iv) not less than 9.75 percent to 

21 carry out section 311; 

22 ‘‘(v) not less than 2.25 percent to 

23 carry out section 316; and 

24 ‘‘(vi) not more than 2.43 percent to 

25 carry out section 304 and for any other 


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1 Federal administrative costs related to ac2 tivities of the Secretary under this title. 

3 ‘‘(B) SPECIAL RULES.— 

4 ‘‘(i) SPECIALIZED SERVICES FOR

5 CHILDREN.— 

6 ‘‘(I) IN GENERAL.—From any 

7 amount reserved under subparagraph 

8 (A)(i), the Secretary shall reserve 75 

9 percent of the excess amount to carry 

10 out section 306 and the remaining 25 

11 percent shall be reserved to carry out 

12 section 312. 

13 ‘‘(II) EXCESS AMOUNT.—For 

14 purposes of subclause (I), the term 

15 ‘excess amount’ means the amount, if 

16 any, by which the amount reserved 

17 under subparagraph (A)(i) exceeds 

18 $88,725,000. 

19 ‘‘(ii) ADMINISTRATION OF FORMULA

20 GRANTS.—For a fiscal year for which the 

21 amount reserved under subparagraph 

22 (A)(i) exceeds $95,000,000, the Secretary 

23 may reserve not more than 1 percent of 

24 the amount reserved under such subpara25 graph for administrative costs related to 


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1 the provision of grants under section 306, 

2 including the provision of technical assist3 ance to grantees and subgrantees. 

4 ‘‘(b) NATIONAL DOMESTIC VIOLENCE HOTLINE

5 GRANT.—There are authorized to be appropriated to carry 

6 out section 313 $7,000,000 for each of fiscal years 2010 

7 through 2014. 

8 ‘‘(c) GRANTS FOR UNDERSERVED POPULATIONS.— 

9 There are authorized to be appropriated to carry out sec10 tion 314 $15,000,000 for each of fiscal years 2010 

11 through 2014. 

12 ‘‘(d) DOMESTIC VIOLENCE PREVENTION ENHANCE13 MENT AND LEADERSHIP THROUGH ALLIANCES.—There 

14 are authorized to be appropriated to carry out section 315 

15 $20,000,000 for each of fiscal years 2010 through 2014. 

16 ‘‘SEC. 304. AUTHORITY OF SECRETARY. 

17 ‘‘(a) AUTHORITIES.—In order to carry out the provi18 sions of this title, the Secretary is authorized to— 

19 ‘‘(1) appoint and fix the compensation of such 

20 personnel as are necessary; 

21 ‘‘(2) procure, to the extent authorized by sec22 tion 3109 of title 5, United States Code, such tem23 porary and intermittent services of experts and con24 sultants as are necessary; 


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1 ‘‘(3) make grants to eligible entities or enter 

2 into contracts with for-profit or nonprofit, non3 governmental entities and establish reporting re4 quirements for such grantees and contractors; 

5 ‘‘(4) prescribe such regulations and guidance as 

6 are reasonably necessary in order to carry out the 

7 objectives and provisions of this title, to ensure ac8 countability and transparency of the actions of 

9 grantees, or, as determined by the Secretary, to be 

10 reasonably necessary to carry out this title; and 

11 ‘‘(5) coordinate programs within the Depart12 ment of Health and Human Services, and seek to 

13 coordinate with programs administered by other 

14 Federal agencies, that involve or impact efforts to 

15 prevent family violence, domestic violence, and dat16 ing violence or the provision of assistance for adult 

17 and youth victims of family violence, domestic vio18 lence, or dating violence. 

19 ‘‘(b) ADMINISTRATION.—The Secretary shall— 

20 ‘‘(1) select 1 or more employees to carry out 

21 the provisions of this title, including carrying out 

22 evaluation and monitoring under this title, which 

23 employees shall, prior to such appointment, have ex24 pertise in the field of family violence, domestic vio25 lence, and dating violence prevention and services; 


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1 ‘‘(2) provide for the training of personnel and 

2 provide technical assistance in the conduct of pro3 grams for the intervention in and prevention of fam4 ily violence, domestic violence, and dating violence; 

5 ‘‘(3) provide for and coordinate research into 

6 the most effective approaches to the intervention in 

7 and prevention of family violence, domestic violence, 

8 and dating violence, by— 

9 ‘‘(A) consulting with experts and program 

10 providers within the family violence, domestic 

11 violence, and dating violence field to identify 

12 gaps in research and knowledge, establish re13 search priorities, and disseminate research find14 ings; 

15 ‘‘(B) collecting and reporting data on the 

16 provision of family violence, domestic violence, 

17 and dating violence services, including assist18 ance and programs supported by Federal funds 

19 made available under this title and by other 

20 governmental or nongovernmental sources of 

21 funds; and 

22 ‘‘(C) coordinating family violence, domestic 

23 violence, and dating violence research efforts 

24 within the Department of Health and Human 

25 Services with relevant research administered or 


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1 carried out by other Federal agencies and other 

2 researchers, including research on the provision 

3 of assistance for adult and youth victims of 

4 family violence, domestic violence, and dating 

5 violence; and 

6 ‘‘(4) support the development and implementa7 tion of effective policies, protocols, and programs 

8 within the Department and at other Federal agen9 cies that address the safety and support needs of 

10 adult and youth victims of family violence, domestic 

11 violence, or dating violence. 

12 ‘‘(c) REPORTS.—Every 2 years, the Secretary shall 

13 review and evaluate the activities conducted by grantees 

14 and subgrantees under this title and the effectiveness of 

15 the programs administered pursuant to this title, and sub16 mit a report containing the evaluation to the Committee 

17 on Education and Labor of the House of Representatives 

18 and the Committee on Health, Education, Labor, and 

19 Pensions of the Senate. Such report shall also include a 

20 summary of the documentation provided to the Secretary 

21 through performance reports submitted under section 

22 306(d). The Secretary shall make publicly available on the 

23 Department of Health and Human Services website the 

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1 cluding the summary of the documentation provided to the 

2 Secretary under section 306(d). 

3 ‘‘SEC. 305. ALLOTMENT OF FUNDS. 

4 ‘‘(a) IN GENERAL.—From the sums made under sec5 tion 303 to carry out section 306 for any fiscal year, each 

6 State shall be allotted for a grant under section 306(a) 

7 $600,000, with the remaining funds to be allotted to each 

8 State in an amount that bears the same ratio to such re9 maining funds as the population of such State bears to 

10 the population of all States. 

11 ‘‘(b) POPULATION.—For the purpose of this section, 

12 the population of each State, and the total population of 

13 all the States, shall be determined by the Secretary on 

14 the basis of the most recent census data available to the 

15 Secretary, and the Secretary shall use for such purpose, 

16 if available, the annual interim current census data pro17 duced by the Secretary of Commerce pursuant to section 

18 181 of title 13, United States Code. 

19 ‘‘(c) RATABLE REDUCTION.—If the sums made 

20 under section 303 to carry out section 306 for any fiscal 

21 year are not sufficient to pay in full the total amounts 

22 that all States are entitled to receive under subsection (a) 

23 for such fiscal year, then the maximum amounts that all 

24 States are entitled to receive under subsection (a) for such 

25 fiscal year shall be ratably reduced. In the event that addiVerDate Nov 24 2008 01:19 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4116.IH H4116

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1 tional funds become available for making such grants for 

2 any fiscal year during which the preceding sentence is ap3 plicable, such reduced amounts shall be increased on the 

4 same basis as they were reduced. 

5 ‘‘(d) REALLOTMENT.—If, at the end of the sixth 

6 month of any fiscal year for which sums are appropriated 

7 under section 303, the amount allotted to a State has not 

8 been made available to such State in a grant under section 

9 306(a) because of the failure of such State to meet the 

10 requirements for such a grant, then the Secretary shall 

11 reallot such amount to States that meet such require12 ments. 

13 ‘‘(e) CONTINUED AVAILABILITY OF FUNDS.—All 

14 funds allotted to a State for a fiscal year under this sec15 tion, made available to such State in a grant under section 

16 306(a), and not obligated by the State by the end of the 

17 third fiscal year shall be made available to the Secretary 

18 for discretionary activities under section 306. Such funds 

19 shall remain available for obligation, and for expenditure 

20 by a recipient of the funds under section 306, for not more 

21 than 2 years from the beginning of the Federal fiscal year 

22 in which the funds were appropriated. 

23 ‘‘SEC. 306. FORMULA GRANTS TO STATES. 

24 ‘‘(a) FORMULA GRANTS TO STATES.—The Secretary 

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1 porting the establishment, maintenance, and expansion of 

2 programs and projects to prevent incidents of family vio3 lence, domestic violence, and dating violence, to provide 

4 immediate shelter, supportive services, and access to com5 munity-based programs for adult and youth victims of 

6 family violence, domestic violence, or dating violence, and 

7 their dependents, and to provide specialized services for 

8 children and youth exposed to family violence, domestic 

9 violence, or dating violence, underserved populations, and 

10 victims who are members of racial and ethnic minority 

11 populations. 

12 ‘‘(b) ADMINISTRATIVE EXPENSES.— 

13 ‘‘(1) ADMINISTRATIVE COSTS.—Each State may 

14 use not more than 5 percent of the grant funds for 

15 State administrative costs. 

16 ‘‘(2) SUBGRANTS TO ELIGIBLE ENTITIES.—A 

17 State shall use the remainder of the grant funds to 

18 make subgrants to eligible entities for the purposes 

19 described in section 308. 

20 ‘‘(c) GRANT CONDITIONS.— 

21 ‘‘(1) APPROVED ACTIVITIES.—In carrying out 

22 the activities under this title, grantees and sub23 grantees may collaborate with and provide informa24 tion to Federal, State, local, and tribal public offi25 cials and agencies, in accordance with limitations on 


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1 disclosure of confidential or private information as 

2 described in paragraph (5), to develop and imple3 ment policies to reduce or eliminate adult and youth 

4 family violence, domestic violence, and dating vio5 lence. 

6 ‘‘(2) DISCRIMINATION PROHIBITED.— 

7 ‘‘(A) APPLICATION OF CIVIL RIGHTS PRO8 VISIONS.—For the purpose of applying the pro9 hibitions against discrimination on the basis of 

10 age under the Age Discrimination Act of 1975 

11 (42 U.S.C. 6101 et seq.), on the basis of dis12 ability under section 504 of the Rehabilitation 

13 Act of 1973 (29 U.S.C. 794), on the basis of 

14 sex under title IX of the Education Amend15 ments of 1972 (20 U.S.C. 1681 et seq.), or on 

16 the basis of race, color, or national origin under 

17 title VI of the Civil Rights Act of 1964 (42 

18 U.S.C. 2000d et seq.), programs and activities 

19 funded in whole or in part with funds made 

20 available under this title are considered to be 

21 programs and activities receiving Federal finan22 cial assistance. 

23 ‘‘(B) PROHIBITION ON DISCRIMINATION ON

24 BASIS OF SEX, RELIGION.— 


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1 ‘‘(i) IN GENERAL.—No person shall 

2 on the ground of sex or religion be ex3 cluded from participation in, be denied the 

4 benefits of, or be subject to discrimination 

5 under, any program or activity funded in 

6 whole or in part with funds made available 

7 under this title. Nothing in this title shall 

8 require any such program or activity to in9 clude any individual in any program or ac10 tivity without taking into consideration 

11 that individual’s sex in those certain in12 stances where sex is a bona fide occupa13 tional qualification or programmatic factor 

14 reasonably necessary to the normal or safe 

15 operation of that particular program or ac16 tivity. 

17 ‘‘(ii) ENFORCEMENT.—The Secretary 

18 shall enforce the provisions of clause (i) in 

19 accordance with section 602 of the Civil 

20 Rights Act of 1964 (42 U.S.C. 2000d–1). 

21 Section 603 of such Act (42 U.S.C. 

22 2000d–2) shall apply with respect to any 

23 action taken by the Secretary to enforce 

24 such clause. 


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1 ‘‘(iii) CONSTRUCTION.—This subpara2 graph shall not be construed as affecting 

3 any legal remedy provided under any other 

4 provision of law. 

5 ‘‘(C) ENFORCEMENT AUTHORITIES OF

6 SECRETARY.—Whenever the Secretary finds 

7 that a State or other entity that has received fi8 nancial assistance under this title has failed to 

9 comply with a provision of law referred to in 

10 subparagraph (A), with subparagraph (B), or 

11 with an applicable regulation (including one 

12 prescribed to carry out subparagraph (B)), the 

13 Secretary shall notify the chief executive officer 

14 of the State involved and shall request such of15 ficer to secure compliance. If, within a reason16 able period of time, not to exceed 60 days, the 

17 chief executive officer fails or refuses to secure 

18 compliance, the Secretary may— 

19 ‘‘(i) refer the matter to the Attorney 

20 General with a recommendation that an 

21 appropriate civil action be instituted; 

22 ‘‘(ii) exercise the powers and functions 

23 provided by title VI of the Civil Rights Act 

24 of 1964 (42 U.S.C. 2000d et seq.), the 

25 Age Discrimination Act of 1975 (42 


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1 U.S.C. 6101 et seq.), sections 504 and 505 

2 of the Rehabilitation Act of 1973 (29 

3 U.S.C. 794, 794(a)), or title IX of the 

4 Education Amendments of 1972 (20 

5 U.S.C. 1681 et seq.), as may be applicable; 

6 or 

7 ‘‘(iii) take such other action as may 

8 be provided by law. 

9 ‘‘(D) ENFORCEMENT AUTHORITY OF AT10 TORNEY GENERAL.—When a matter is referred 

11 to the Attorney General pursuant to subpara12 graph (C)(i), or whenever the Attorney General 

13 has reason to believe that a State or an entity 

14 described in subparagraph (C) is engaged in a 

15 pattern or practice in violation of a provision of 

16 law referred to in subparagraph (A) or in viola17 tion of subparagraph (B), the Attorney General 

18 may bring a civil action in any appropriate dis19 trict court of the United States for such relief 

20 as may be appropriate, including injunctive re21 lief. 

22 ‘‘(3) INCOME ELIGIBILITY STANDARDS.—No in23 come eligibility standard may be imposed upon indi24 viduals with respect to eligibility for assistance or 

25 services supported with funds appropriated to carry 


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1 out this title. No fees may be levied for assistance 

2 or services provided with funds appropriated to carry 

3 out this title. 

4 ‘‘(4) MATCH.— 

5 ‘‘(A) IN GENERAL.—No grant may be 

6 made under this section to any entity other 

7 than a State or an Indian tribe unless the enti8 ty agrees to provide for the following non-Fed9 eral matching local share (expressed as a per10 centage of the total amount of funds provided 

11 under this Act to the project involved): 

12 ‘‘(i) With respect to an entity oper13 ating an existing program under this Act, 

14 not less than 20 percent. 

15 ‘‘(ii) With respect to an entity intend16 ing to operate a new program under this 

17 Act, not less than 35 percent. 

18 ‘‘(B) SPECIAL RULES.—The local share re19 quired under this paragraph may be in cash or 

20 in-kind. The local share may not include any 

21 Federal funds provided under any authority 

22 other than this Act. 

23 ‘‘(5) NONDISCLOSURE OF CONFIDENTIAL OR

24 PRIVATE INFORMATION.— 


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1 ‘‘(A) IN GENERAL.—In order to ensure the 

2 privacy and safety of adult, youth, and child 

3 victims of family violence, domestic violence, or 

4 dating violence and their families, grantees and 

5 subgrantees under this title shall protect the 

6 confidentiality and privacy of such victims and 

7 their families. 

8 ‘‘(B) NONDISCLOSURE.—Subject to sub9 paragraphs (C) through (I), grantees and sub10 grantees shall not— 

11 ‘‘(i) disclose, reveal or release any per12 sonally identifying information or indi13 vidual information collected in connection 

14 with services requested, utilized, or denied 

15 through grantees’ and subgrantees’ pro16 grams; or 

17 ‘‘(ii) disclose, reveal, or release indi18 vidual client information regardless of 

19 whether the information is encoded, 

20 encrypted, hashed, or otherwise protected 

21 without the informed, written, reasonably 

22 time-limited authorization and of the per23 son about whom information is sought, 

24 whether for this program or any other 

25 Federal, State, or tribal grant program. 


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1 ‘‘(C) RELEASE.—If disclosure, revelation, 

2 or release of information described in subpara3 graph (B) is compelled by statutory or court 

4 mandate— 

5 ‘‘(i) grantees and subgrantees shall 

6 make reasonable attempts to provide notice 

7 to victims affected by the disclosure of in8 formation; and 

9 ‘‘(ii) grantees and subgrantees shall 

10 take steps necessary to protect the privacy 

11 and safety of the persons affected by the 

12 disclosure, revelation, or release of the in13 formation. 

14 ‘‘(D) INFORMATION SHARING.—Grantees 

15 and subgrantees may share— 

16 ‘‘(i) nonpersonally identifying data in 

17 the aggregate regarding services to their 

18 clients and nonpersonally identifying demo19 graphic information in order to comply 

20 with Federal, State, or tribal reporting, 

21 evaluation, or data collection requirements; 

22 ‘‘(ii) court-generated information and 

23 law-enforcement generated information 

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1 istries for protection order enforcement 

2 purposes; and 

3 ‘‘(iii) law enforcement- and prosecu4 tion-generated information necessary for 

5 law enforcement and prosecution purposes. 

6 ‘‘(E) MINORS AND PERSONS WITH GUARD7 IANS.—If a minor or a person with a guardian 

8 is permitted by law to receive services without 

9 the parent’s or guardian’s consent, the minor or 

10 person with a guardian may release information 

11 without additional consent. Under any condi12 tion, consent for release of information may not 

13 be given by the abuser of the minor, or person 

14 with a guardian, or the abuser of the other par15 ent of the minor. 

16 ‘‘(F) OVERSIGHT.—Nothing in this para17 graph shall prevent the Secretary from dis18 closing grant activities authorized in this title to 

19 the chairman and ranking members of the 

20 Committee on Education and Labor of the 

21 House of Representatives and the Committee 

22 on Health, Education, Labor, and Pensions of 

23 the Senate and exercising congressional over24 sight authority. In making all such disclosures, 

25 the Secretary shall protect the confidentiality of 


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1 individuals and omit personally identifying in2 formation, including location information about 

3 individuals and shelters. 

4 ‘‘(G) STATUTORILY PERMITTED REPORTS

5 OF ABUSE OR NEGLECT.—Nothing in this para6 graph shall prohibit a grantee or subgrantee 

7 from reporting abuse and neglect, as those 

8 terms are defined by law, where mandated by 

9 the State or Indian tribe involved. 

10 ‘‘(H) PREEMPTION.—Nothing in this para11 graph shall be construed to supersede any pro12 vision of any Federal, State, tribal, or local law 

13 that provides greater protection than this para14 graph for victims of family violence, domestic 

15 violence, or dating violence. 

16 ‘‘(I) CONFIDENTIALITY OF LOCATION.— 

17 The address or location of any shelter facility 

18 assisted under this title that otherwise main19 tains a confidential location shall, except with 

20 written authorization of the person or persons 

21 responsible for the operation of such shelter, 

22 not be made public. 

23 ‘‘(6) SUPPLEMENT NOT SUPPLANT.—Federal 

24 funds made available to a State under this title shall 

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1 eral, State, and local public funds expended to pro2 vide services and activities that promote the objec3 tives of this title. 

4 ‘‘(7) REQUIREMENTS.—Grantees and sub5 grantees shall meet such requirements as the Sec6 retary reasonably determines are necessary to carry 

7 out the purposes and provisions of this title. 

8 ‘‘(d) REPORTS AND EVALUATION.—Each State 

9 grantee shall submit an annual performance report to the 

10 Secretary at such time as shall be reasonably required by 

11 the Secretary. Such performance report shall describe the 

12 grantee and subgrantee activities that have been carried 

13 out with grant funds made available under subsection (a), 

14 contain an evaluation of the effectiveness of such activi15 ties, and provide such additional information as the Sec16 retary may reasonably require. 

17 ‘‘SEC. 307. STATE APPLICATION. 

18 ‘‘(a) APPLICATION.— 

19 ‘‘(1) IN GENERAL.—The chief executive officer 

20 of a State seeking funds under section 306(a) shall 

21 submit an application to the Secretary at such time 

22 and in such manner as the Secretary may reason23 ably require. 

24 ‘‘(2) CONTENTS.—Each such application 

25 shall— 


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1 ‘‘(A) provide documentation that the State 

2 has developed or updated a multiyear State 

3 plan which includes a current demographic pro4 file and the identification and assessment of 

5 unmet needs, including approaches to be used 

6 in providing culturally and linguistically appro7 priate services for racial and ethnic minority 

8 groups and other underserved populations; 

9 ‘‘(B) provide an annual funding plan which 

10 describes how funds will be used to meet the 

11 purposes of this Act, including the provision of 

12 shelter, supportive services, and prevention and 

13 how funds will be used in accordance with sub14 paragraph (A); 

15 ‘‘(C) provide a description of the proce16 dures that have been developed to ensure com17 pliance with the provisions of sections 306(c) 

18 and 308(d); 

19 ‘‘(D) provide, with respect to funds pro20 vided to a State under section 306(a) for any 

21 fiscal year, assurances that— 

22 ‘‘(i) not more than 5 percent of such 

23 funds will be used for State administrative 

24 costs; and 


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1 ‘‘(ii) the remaining funds will be dis2 tributed to eligible entities as described in 

3 section 308(a) for approved activities as 

4 described in section 308(b); 

5 ‘‘(E) provide an assurance that there will 

6 be an equitable distribution of grants and grant 

7 funds within the State and between urban and 

8 rural areas within such State; 

9 ‘‘(F) provide an assurance that the State 

10 has and will continue to consult with and pro11 vide for the participation of the State Domestic 

12 Violence Coalition in the development and im13 plementation of the State plan described in sub14 paragraph (A), as well as other planning, co15 ordination, and monitoring related to the dis16 tribution of grants to eligible entities as de17 scribed in section 308(a) and the administra18 tion of the grant programs and projects; 

19 ‘‘(G) provide an assurances that the State 

20 has and will continue to consult with and pro21 vide for the participation of community-based 

22 organizations, whose primary purpose is to pro23 vide culturally appropriate services for individ24 uals from racial and ethnic minority groups and 

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1 ment and implementation of the State plan de2 scribed in subparagraph (A), and provide docu3 mentation from such organizations describing 

4 their participation; 

5 ‘‘(H) specify the State agency to be des6 ignated as responsible for the administration of 

7 programs and activities relating to family vio8 lence, domestic violence and dating violence, 

9 that are carried out by the State under this 

10 title, and for coordination of related programs 

11 within the State; and 

12 ‘‘(I) meet such requirements as the Sec13 retary reasonably determines are necessary to 

14 carry out the objectives and provisions of this 

15 title. 

16 ‘‘(b) APPROVAL OF APPLICATION.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall ap18 prove any application that meets the requirements of 

19 subsection (a) and section 306. The Secretary shall 

20 not disapprove any application under this subsection 

21 unless the Secretary gives the applicant reasonable 

22 notice of the Secretary’s intention to disapprove and 

23 a 6-month period providing an opportunity for cor24 rection of any deficiencies. 


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1 ‘‘(2) CORRECTION OF DEFICIENCIES.—The Sec2 retary shall give such notice, within 45 days after 

3 the date of submission of the application, if any of 

4 the provisions of subsection (a) or section 306 have 

5 not been satisfied in such application. If the State 

6 does not correct the deficiencies in such application 

7 within the 6-month period following the receipt of 

8 the Secretary’s notice, the Secretary shall reallot 

9 such amount to States that meet such requirements. 

10 ‘‘(3) STATE DOMESTIC VIOLENCE COALITION

11 PARTICIPATION IN DETERMINATIONS OF COMPLI12 ANCE.—State Domestic Violence Coalitions shall be 

13 permitted to participate in determining whether 

14 grantees for corresponding States are in compliance 

15 with subsection (a) and section 306, except that no 

16 funds made available to a State Domestic Violence 

17 Coalition under section 311 shall be used to chal18 lenge a determination about whether a grantee is in 

19 compliance with, or to seek the enforcement of, the 

20 requirements of this title. 

21 ‘‘(4) FAILURE TO REPORT; NONCONFORMING

22 EXPENDITURES.—The Secretary shall suspend fund23 ing for an approved application if the applicant fails 

24 to submit an annual performance report under sec25 tion 306(d), or if funds are expended for purposes 


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1 other than those set forth in section 306(b), after 

2 following the procedures set forth in paragraphs (1), 

3 (2), and (3). 

4 ‘‘SEC. 308. SUBGRANTS AND USES OF FUNDS. 

5 ‘‘(a) SUBGRANTS.—A State that receives a grant 

6 under section 306(a) shall use grant funds described in 

7 section 306(b)(2) to provide subgrants to eligible entities 

8 for programs and projects within such State, to prevent 

9 incidents of family violence, domestic violence, and dating 

10 violence to provide emergency shelter, culturally competent 

11 supportive services, or prevention services for adult and 

12 youth victims of family violence, domestic violence, or dat13 ing violence, and their dependents, in order to prevent fu14 ture incidents of family violence, domestic violence, and 

15 dating violence. 

16 ‘‘(b) USE OF FUNDS.— 

17 ‘‘(1) IN GENERAL.—Funds awarded to eligible 

18 entities under subsection (a) shall be used to provide 

19 shelter or supportive services to adult and youth vic20 tims of family violence, domestic violence, or dating 

21 violence, and their dependents, or prevention serv22 ices, which may include— 

23 ‘‘(A) provision, on a regular basis, of emer24 gency shelter and related supportive services to 

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1 mestic violence, or dating violence, and their de2 pendents, including paying for the operating 

3 and administrative expenses of the facilities for 

4 such shelter; 

5 ‘‘(B) assistance in the development of safe6 ty plans, and supporting efforts of adult and 

7 youth family violence, domestic violence, or dat8 ing violence victims to make decisions related to 

9 their ongoing safety and well-being; 

10 ‘‘(C) provision of individual and group 

11 counseling, peer support groups, and referral to 

12 community-based services to assist adult and 

13 youth family violence, domestic violence, or dat14 ing violence victims, and their dependents, in 

15 recovering from the effects of the violence; 

16 ‘‘(D) provision of services, training, tech17 nical assistance, and outreach to increase 

18 awareness of adult and youth family violence, 

19 domestic violence, or dating violence and in20 crease the accessibility of family violence, do21 mestic violence, or dating violence services; 

22 ‘‘(E) provision of culturally appropriate 

23 services in the language, education, and cultural 

24 context that is most appropriate for the individ25 uals from racial and ethnic groups and for 


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1 whom the information and services are in2 tended, and to facilitate access for those who 

3 face obstacles to using more traditional services 

4 and resources; 

5 ‘‘(F) provision of services for children and 

6 youth exposed to family violence, domestic vio7 lence, or dating violence, including age-appro8 priate counseling, supportive services, and serv9 ices for the abused parent that support that 

10 parent’s role as a caregiver, which may, as ap11 propriate, include services that work with the 

12 parent and child together; 

13 ‘‘(G) provision of advocacy, case manage14 ment services, and information and referral 

15 services, concerning issues related to adult and 

16 youth family violence, domestic violence, and 

17 dating violence intervention and prevention, in18 cluding— 

19 ‘‘(i) assistance in accessing related 

20 Federal and State financial assistance pro21 grams; 

22 ‘‘(ii) legal advocacy to assist adult and 

23 youth victims; 

24 ‘‘(iii) medical advocacy, including pro25 vision of referrals for appropriate health 


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1 care services (including mental health, al2 cohol, and drug abuse treatment), but 

3 which shall not include reimbursement for 

4 any health care services; 

5 ‘‘(iv) assistance locating and securing 

6 safe and affordable permanent housing and 

7 homelessness prevention services; 

8 ‘‘(v) provision of transportation, child 

9 care, respite care, job training and employ10 ment services, economic advocacy including 

11 financial literacy education and services, fi12 nancial planning and related economic em13 powerment services, and language assist14 ance, including translation or written ma15 terials, telephonic and in-person interpreter 

16 services to adult and youth victims with 

17 limited English proficiency or those who 

18 are deaf or hard of hearing; and 

19 ‘‘(vi) parenting and other educational 

20 services for adult and youth victims and 

21 their dependents; 

22 ‘‘(H) prevention services, including out23 reach to underserved populations, public edu24 cation campaigns, and other prevention pro25 grams for children and youth; and 


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1 ‘‘(I) partnerships that enhance the design 

2 and delivery of services to adult and youth vic3 tims and their dependents. 

4 ‘‘(2) SHELTER AND SUPPORTIVE SERVICES.— 

5 Not less than 70 percent of the funds distributed by 

6 a State under subsection (a) shall be distributed to 

7 entities whose primary purpose is to provide emer8 gency shelter and supportive services to adult and 

9 youth victims of family violence, domestic violence, 

10 or dating violence, and their dependents, as de11 scribed in paragraph (1)(A) for the provision of such 

12 shelter and services. Not less than 25 percent of the 

13 funds distributed by a State under subsection (a) 

14 shall be distributed for the purpose of providing sup15 portive services or prevention services as described in 

16 subparagraphs (B) through (H) of paragraph (1). 

17 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive 

18 a subgrant from a State under this section, an entity 

19 shall— 

20 ‘‘(1) be a nonprofit private organization (includ21 ing faith-based and charitable organizations, commu22 nity-based organizations, tribal organizations, vol23 untary organizations, or a local public agency), that 

24 assists victims of family violence, domestic violence, 

25 or dating violence and their dependents, and has a 


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1 documented history of effective work concerning 

2 family violence, domestic violence, and dating vio3 lence; or 

4 ‘‘(2) an organization whose primary purpose is 

5 to provide culturally appropriate services to racial 

6 and ethnic minority groups or other underserved 

7 populations and is in partnership with an organiza8 tion described in paragraph (1). 

9 ‘‘(d) SUBGRANT CONDITIONS.— 

10 ‘‘(1) DIRECT PAYMENTS TO VICTIMS OR DE11 PENDANTS.—No funds provided through subgrants 

12 made under this section may be used as direct pay13 ment to any victim of family violence, domestic vio14 lence, or dating violence, or to any dependent of 

15 such victim. 

16 ‘‘(2) VOLUNTARILY ACCEPTED SERVICES.—Re17 ceipt of supportive services under this title shall be 

18 voluntary. Receipt of the benefits of the emergency 

19 shelter described in subsection (b)(1)(A) shall not be 

20 conditioned upon the participation by the adult or 

21 youth victims, or their dependents, of any or all of 

22 the supportive services offered under this title. 

23 ‘‘SEC. 309. GRANTS FOR INDIAN TRIBES. 

24 ‘‘(a) GRANTS AUTHORIZED.—The Secretary, in con25 sultation with tribal governments pursuant to Executive 


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1 Order 13175 (25 U.S.C. 450 note) and in accordance with 

2 section 903 of the Violence Against Women and Depart3 ment of Justice Reauthorization Act of 2005 (42 U.S.C. 

4 14045d), shall continue to award grants for Indian tribes 

5 on a formula basis from amounts made available under 

6 section 303 to carry out this section. 

7 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive 

8 a grant under this section, an entity shall be an Indian 

9 tribe, or a tribal organization or tribal nonprofit private 

10 organization authorized by an Indian tribe. An Indian 

11 tribe shall have the option to authorize a tribal organiza12 tion or a nonprofit private organization to submit an appli13 cation and administer the grant funds awarded under this 

14 section. 

15 ‘‘(c) CONDITIONS.—Each recipient of such a grant 

16 shall comply with requirements that are consistent with 

17 the requirements applicable to grantees under section 

18 306(c)(5) and requirements determined by the Secretary 

19 to be appropriate to the unique circumstances of Indian 

20 Tribes. 

21 ‘‘(d) GRANTEE APPLICATION.—To be eligible to re22 ceive a grant under this section, an entity shall submit 

23 an application to the Secretary at such time, in such man24 ner, and containing such information as the Secretary de25 termines to be essential to carry out the objectives and 


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1 provisions of this title. The application process under this 

2 section shall be streamlined to increase accessibility of 

3 available funds to Indian tribes. No entity eligible to sub4 mit an application under subsection (b) shall be prohibited 

5 from making an application during any fiscal year for 

6 which funds are available because such an entity has not 

7 previously applied or received funding under this section. 

8 ‘‘(e) USE OF FUNDS.—An amount provided under a 

9 grant to an eligible entity shall be used for the operation 

10 of a domestic violence shelter, for projects designed to pre11 vent domestic violence, or to provide immediate shelter or 

12 supportive services for victims of domestic violence and 

13 their dependents. 

14 ‘‘(f) CONTINUED AVAILABILITY OF FUNDS.—Funds 

15 under this section shall remain available until expended 

16 and in the event that funds allocated under subparagraph 

17 (a) are deobligated from a grantee, such funds shall be 

18 reallocated as part of the tribal formula grant program 

19 in the subsequent fiscal year. 

20 ‘‘SEC. 310. NATIONAL RESOURCE CENTERS AND TRAINING 

21 AND TECHNICAL ASSISTANCE CENTERS. 

22 ‘‘(a) PURPOSE AND GRANTS AUTHORIZED.— 

23 ‘‘(1) PURPOSE.—The purpose of this section is 

24 to provide resource information, training, and tech25 nical assistance relating to the objectives of this title 


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1 to improve the capacity of individuals, organizations, 

2 governmental entities, and communities to prevent 

3 domestic violence and to provide effective interven4 tion services. 

5 ‘‘(2) GRANTS AUTHORIZED.—From the amount 

6 reserved under section 303 to carry out this section 

7 for a fiscal year, the Secretary— 

8 ‘‘(A) shall award grants to eligible entities 

9 for the establishment and maintenance of 2 na10 tional resource centers (as provided for in sub11 section (b)(1)), and special issue resource cen12 ters addressing key areas of domestic violence 

13 intervention and prevention (as provided for in 

14 subsection (b)(2)); and 

15 ‘‘(B) may award grants to support training 

16 and technical assistance that address emerging 

17 issues related to domestic violence and dating 

18 violence. 

19 ‘‘(b) DOMESTIC VIOLENCE RESOURCE CENTERS.— 

20 ‘‘(1) NATIONAL RESOURCE CENTERS.—In ac21 cordance with subsection (a)(2), the Secretary shall 

22 award grants to eligible entities for— 

23 ‘‘(A) a National Resource Center on Do24 mestic Violence, which shall— 


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1 ‘‘(i) offer a comprehensive array of 

2 technical assistance and training resources 

3 to Federal, State, and local governmental 

4 agencies, domestic violence service pro5 viders, community-based organizations, 

6 and other professionals and interested par7 ties, related to domestic violence service 

8 programs and research, including pro9 grams and research related to victims and 

10 their dependents; and 

11 ‘‘(ii) maintain a central resource li12 brary in order to collect, prepare, analyze, 

13 and disseminate information and statistics 

14 related to— 

15 ‘‘(I) the incidence and prevention 

16 of family violence, domestic violence, 

17 and dating violence; and 

18 ‘‘(II) the provision of shelter, 

19 supportive services, and prevention 

20 services to adult and youth victims of 

21 domestic violence (including services 

22 to prevent repeated incidents of vio23 lence); and 


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1 ‘‘(B) a National Indian Resource Center 

2 Addressing Domestic Violence and Safety for 

3 Indian Women, which shall— 

4 ‘‘(i) offer a comprehensive array of 

5 technical assistance and training resources 

6 to Indian tribes and tribal organizations, 

7 specifically designed to enhance the capac8 ity of the tribes and organizations to re9 spond to domestic violence and the findings 

10 of section 901 of the Violence Against 

11 Women and Department of Justice Reau12 thorization Act of 2005 (42 U.S.C. 

13 3796gg–10 note); and 

14 ‘‘(ii) enhance the intervention and 

15 prevention efforts of Indian tribes and 

16 tribal organizations to respond to domestic 

17 violence and increase the safety of Indian 

18 women in support of the purposes of sec19 tion 902 of the Violence Against Women 

20 and Department of Justice Reauthoriza21 tion Act of 2005 (42 U.S.C. 3796gg–10 

22 note). 

23 ‘‘(2) SPECIAL ISSUE RESOURCE CENTERS.—In 

24 accordance with subsection (a)(2), the Secretary 

25 shall award grants to eligible entities for special 


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1 issue resource centers, which shall provide informa2 tion, training, and technical assistance to State and 

3 local domestic violence service providers, and shall 

4 specialize in at least 1 of the following areas of do5 mestic violence service, prevention, or law: 

6 ‘‘(A) The response of the criminal and civil 

7 justice systems to domestic violence victims, 

8 which may include the response to the use of 

9 the self-defense plea by domestic violence vic10 tims and the issuance and use of protective or11 ders. 

12 ‘‘(B) The response of child protective serv13 ice agencies to victims of domestic violence and 

14 their dependents and child custody issues in do15 mestic violence cases. 

16 ‘‘(C) The response of the interdisciplinary 

17 health care system to victims of domestic vio18 lence and access to health care resources for 

19 victims of domestic violence. 

20 ‘‘(D) The response of mental health sys21 tems, domestic violence service programs, and 

22 other related systems and programs to victims 

23 of domestic violence and their children who are 

24 exposed to domestic violence, or to victims of 

25 domestic violence with mental illness. 


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1 ‘‘(E) In the case of 3 specific resource cen2 ters, the response of domestic violence service 

3 providers to victims of domestic violence who 

4 are members of racial and ethnic minority 

5 groups, to enhance the cultural and linguistic 

6 relevancy of service delivery, resource utiliza7 tion, policy, research, technical assistance, com8 munity education, and prevention initiatives. 

9 ‘‘(c) TRAINING AND TECHNICAL ASSISTANCE ON

10 EMERGING ISSUES.—Under subsection (a)(2)(B), the Sec11 retary may award grants to support training and technical 

12 assistance that respond to emerging issues in the field of 

13 domestic violence that the Secretary may identify in con14 sultation with representatives from community-based do15 mestic violence service providers, State Domestic Violence 

16 Coalitions, national domestic violence organizations, and 

17 culturally specific services, including the provision of 

18 training and technical assistance on the complex issues ad19 dressing emerging immigrant communities and providing 

20 cross-cultural leadership development and training. 

21 ‘‘(d) ELIGIBILITY.— 

22 ‘‘(1) IN GENERAL.—To be eligible to receive a 

23 grant under subsection (b)(1)(A) or subparagraph 

24 (A), (B), (C), or (D) of subsection (b)(2) and sub25 section (c), an entity shall be a private nonprofit orVerDate Nov 24 2008 01:19 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H4116.IH H4116

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1 ganization that focuses primarily on domestic vio2 lence or is a public or private nonprofit education in3 stitution that has a domestic violence institute, cen4 ter, or programs related to culturally specific issues 

5 in domestic violence and that— 

6 ‘‘(A) provides documentation to the Sec7 retary demonstrating experience working di8 rectly on issues of domestic violence, and (in 

9 the case of an entity seeking a grant under sub10 section (b)(2)) demonstrating experience work11 ing directly in the corresponding specific special 

12 issue area described in subsection (b)(2); 

13 ‘‘(B) includes on the entity’s advisory 

14 board representatives who are from domestic vi15 olence service programs and who are geographi16 cally and culturally diverse; 

17 ‘‘(C) demonstrates the strong support of 

18 domestic violence service programs from across 

19 the Nation for the entity’s designation as a na20 tional resource center or a special issue re21 source center, as appropriate; and 

22 ‘‘(D) demonstrates the capacity to act as a 

23 nationwide resource center. 

24 ‘‘(2) NATIONAL INDIAN RESOURCE CENTER.— 

25 To be eligible to receive a grant under subsection 


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1 (b)(1)(B), an entity shall be a private nonprofit, 

2 nongovernmental organization that focuses primarily 

3 on issues of domestic violence within Indian tribes 

4 and that submits documentation to the Secretary 

5 demonstrating— 

6 ‘‘(A) experience working with Indian tribes 

7 and tribal organizations to respond to domestic 

8 violence and the findings of section 901 of the 

9 Violence Against Women Department of Justice 

10 Reauthorization Act of 2005 (42 U.S.C. 

11 3796gg–10 note); 

12 ‘‘(B) experience providing Indian tribes 

13 with assistance in developing tribally-based pre14 vention and intervention services addressing do15 mestic violence and safety for Indian women 

16 consistent with the purposes of section 902 of 

17 the Violence Against Women and Department 

18 of Justice Reauthorization Act of 2005 (42 

19 U.S.C. 3796gg–10 note); 

20 ‘‘(C) strong support for the entity’s des21 ignation as the National Indian Resource Cen22 ter Addressing Domestic Violence and Safety 

23 for Indian Women from advocates working 

24 within Indian tribes to address domestic vio25 lence and the safety of Indian women; and 


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1 ‘‘(D) a record of demonstrated effective2 ness in assisting Indian tribes with prevention 

3 and intervention services addressing domestic 

4 violence. 

5 ‘‘(3) SPECIAL ISSUE RESOURCE CENTERS CON6 CERNED WITH RACIAL AND ETHNIC MINORITY

7 GROUPS.—To be eligible to receive a grant under 

8 subsection (b)(2)(E), an entity shall be an entity 

9 that— 

10 ‘‘(A) is a private nonprofit organization 

11 that focuses primarily on issues of domestic vio12 lence in a racial or ethnic community, or is a 

13 public or private nonprofit educational institu14 tion that has a domestic violence institute, cen15 ter, or program related to culturally specific 

16 issues in domestic violence; and 

17 ‘‘(B)(i) has documented experience in the 

18 areas of domestic violence prevention and serv19 ices, and experience relevant to the specific ra20 cial or ethnic population to which information, 

21 training, technical assistance, and outreach 

22 would be provided under the grant; 

23 ‘‘(ii) demonstrates the strong support of 

24 advocates from across the Nation who are 

25 working to address domestic violence; 


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1 ‘‘(iii) has a record of demonstrated effec2 tiveness in enhancing the cultural and linguistic 

3 relevancy of service delivery; 

4 ‘‘(iv) has an advisory board or steering 

5 committee and staffing that are reflective of the 

6 targeted community; and 

7 ‘‘(v) demonstrates the capacity to act as a 

8 nationwide resource center. 

9 ‘‘(e) REPORTS AND EVALUATION.—Each entity re10 ceiving a grant under this section shall submit a perform11 ance report to the Secretary annually and in such manner 

12 as shall be reasonably required by the Secretary. Such per13 formance report shall describe the activities that have been 

14 carried out with such grant funds, contain an evaluation 

15 of the effectiveness of the activities, and provide such addi16 tional information as the Secretary may reasonably re17 quire. 

18 ‘‘SEC. 311. GRANTS TO STATE DOMESTIC VIOLENCE COALI19 TIONS. 

20 ‘‘(a) GRANTS.—The Secretary shall award grants for 

21 the funding of State Domestic Violence Coalitions. 

22 ‘‘(b) ALLOTMENT OF FUNDS.—From the amount re23 served under section 303 to carry out this section for a 

24 fiscal year, the Secretary shall allot to each of the 50 

25 States, the District of Columbia, the Commonwealth of 


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1 Puerto Rico, Guam, American Samoa, the United States 

2 Virgin Islands, and the Commonwealth of the Northern 

Mariana Islands an amount equal to 1 3 ⁄56 of the total re4 served amount. 

5 ‘‘(c) APPLICATION.—Each coalition desiring a grant 

6 under this section shall submit an application to the Sec7 retary at such time, in such manner, and containing such 

8 information as the Secretary determines to be essential to 

9 carry out the objectives of this section. Only one State Do10 mestic Violence Coalition, as defined in 302(10), may be 

11 selected from each State. The application submitted by the 

12 coalition for the grant shall provide documentation of the 

13 coalition’s work, satisfactory to the Secretary, dem14 onstrating that the coalition— 

15 ‘‘(1) meets all of the applicable requirements 

16 set forth in this title; and 

17 ‘‘(2) demonstrates the ability to appropriately 

18 conduct all activities described in this section, as in19 dicated by— 

20 ‘‘(A) documented experience in admin21 istering Federal grants to conduct the activities 

22 described in subsection (d); or 

23 ‘‘(B) a documented history of active par24 ticipation in the activities described in para25 graphs (1), (3), (4), and (5) of subsection (d) 


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1 and a demonstrated capacity to conduct the ac2 tivities described in subsection (d)(2). 

3 ‘‘(d) USE OF FUNDS.—A coalition that receives a 

4 grant under this section shall use the grant funds for ad5 ministration and operations to further the purposes of do6 mestic violence intervention and prevention, through ac7 tivities that— 

8 ‘‘(1) shall include working with local domestic 

9 violence service programs and providers of direct 

10 services to encourage appropriate and comprehensive 

11 responses to domestic violence against adults or 

12 youth within the State involved, including providing 

13 training and technical assistance and conducting 

14 State needs assessments; 

15 ‘‘(2) shall include participating in planning and 

16 monitoring the distribution of subgrants and 

17 subgrant funds within the State under section 

18 308(a); 

19 ‘‘(3) shall include working in collaboration with 

20 service providers and community-based organizations 

21 to address the needs of adult and youth domestic vi22 olence and dating violence victims, and their depend23 ents, who are members of racial and ethnic minority 

24 populations and underserved populations; 


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1 ‘‘(4) may include collaborating with and pro2 viding information to entities in such fields as hous3 ing, health care, mental health, social welfare, or 

4 business to support the development and implemen5 tation of effective policies, protocols, and programs 

6 that address the safety and support needs of adult 

7 and youth victims of domestic violence; 

8 ‘‘(5) may include working with judicial and law 

9 enforcement agencies to encourage appropriate re10 sponses to cases of domestic violence against adults 

11 or youth; 

12 ‘‘(6) may include working with family law 

13 judges, criminal court judges, child protective service 

14 agencies, and children’s advocates to develop appro15 priate responses to child custody and visitation 

16 issues in cases of child exposure to domestic violence 

17 and in cases in which both domestic violence and 

18 child abuse are present; and 

19 ‘‘(7) may include designing and conducting 

20 public education campaigns regarding domestic vio21 lence against adults and youth, that may provide in22 formation to the public about prevention of domestic 

23 violence, including information targeted to under24 served populations. 


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1 ‘‘(e) PROHIBITION ON LOBBYING.—No funds made 

2 available to entities under this section shall be used, di3 rectly or indirectly, to influence the issuance, amendment, 

4 or revocation of any executive order or similar promulga5 tion by any Federal, State, or local agency, or to under6 take to influence the passage or defeat of any legislation 

7 by Congress, or by any State or local legislative body, or 

8 State proposals by initiative petition, except that the rep9 resentatives of the entity may testify or make other appro10 priate communication— 

11 ‘‘(1) when formally requested to do so by a leg12 islative body, a committee, or a member of the body 

13 or committee; or 

14 ‘‘(2) in connection with legislation or appropria15 tions directly affecting the activities of the entity. 

16 ‘‘(f) REPORTS AND EVALUATION.—Each entity re17 ceiving a grant under this section shall submit a perform18 ance report to the Secretary at such time as shall be rea19 sonably required by the Secretary. Such performance re20 port shall describe the activities that have been carried out 

21 with such grant funds, contain an evaluation of the effec22 tiveness of such activities, and provide such additional in23 formation as the Secretary may reasonably require. 

24 ‘‘(g) INDIAN REPRESENTATIVES.—For purposes of 

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1 clude representatives of Indian tribes and tribal organiza2 tions. 

3 ‘‘SEC. 312. SPECIALIZED SERVICES FOR ABUSED PARENTS 

4 AND THEIR CHILDREN. 

5 ‘‘(a) IN GENERAL.— 

6 ‘‘(1) PROGRAM.—The Secretary shall establish 

7 a grant program to expand the capacity of family vi8 olence, domestic violence, and dating violence service 

9 programs and community-based programs to prevent 

10 future domestic and dating violence by addressing 

11 the needs of children and youth exposed to domestic 

12 violence. 

13 ‘‘(2) GRANTS.—The Secretary may make 

14 grants to eligible entities through the program es15 tablished under paragraph (1) for periods of not 

16 more than 3 years. If the Secretary determines that 

17 an entity has received such a grant and been suc18 cessful in meeting the objectives of the grant appli19 cation submitted under subsection (c), the Secretary 

20 may renew the grant for 1 additional period of not 

21 more than 3 years. 

22 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive 

23 a grant under this section, an entity shall be a local or 

24 domestic violence or dating violence service provider or 

25 community-based organization with a demonstrated record 


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1 of serving victims of domestic violence and dating violence 

2 and their children. 

3 ‘‘(c) APPLICATION.—An entity seeking a grant under 

4 this section shall submit an application to the Secretary 

5 at such time, in such manner, and containing such infor6 mation as the Secretary may reasonably require, includ7 ing— 

8 ‘‘(1) a description of how the entity will 

9 prioritize the safety of, and confidentiality of infor10 mation about, adult and youth victims of domestic 

11 violence and their children; 

12 ‘‘(2) a description of how the entity will provide 

13 developmentally appropriate and age-appropriate 

14 services, and linguistically and culturally appropriate 

15 services, to the victims and children; and 

16 ‘‘(3) a description of how the entity will ensure 

17 that professionals working with the children receive 

18 the training and technical assistance appropriate 

19 and relevant to the unique needs of children exposed 

20 to domestic violence and address the safety of the 

21 non-abusing parent, and support the parent or care22 taker’s ongoing caregiving capacity. 

23 ‘‘(d) USE OF FUNDS.—An entity that receives a 

24 grant under this section for a family violence, domestic 


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1 violence, and dating violence service or community-based 

2 program described in subsection (a)— 

3 ‘‘(1) shall use the funds made available through 

4 the grant— 

5 ‘‘(A) to provide direct counseling, appro6 priate services, or advocacy on behalf of victims 

7 of domestic violence and their children, includ8 ing coordinating services with services provided 

9 by the child welfare system or local law enforce10 ment agencies; 

11 ‘‘(B) to provide services for abused parents 

12 to support those parents’ roles as caregivers 

13 and their roles in responding to the social, emo14 tional, and developmental needs of their chil15 dren; and 

16 ‘‘(C) where appropriate, to provide the 

17 services described in this subsection while work18 ing with such an abused parent and child to19 gether; and 

20 ‘‘(2) may use the funds made available through 

21 the grant— 

22 ‘‘(A) to provide early childhood develop23 ment and mental health services; 

24 ‘‘(B) to coordinate activities with and pro25 vide technical assistance to community-based 


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1 organizations serving victims of domestic vio2 lence or children exposed to domestic violence; 

3 ‘‘(C) to provide services including advocacy 

4 efforts on behalf of victims of domestic violence 

5 and dating violence and their minor children 

6 with respect to issues related directly to domes7 tic violence or dating violence, including advo8 cacy with the child welfare system; and 

9 ‘‘(D) to provide additional services and re10 ferrals to services for children, including child 

11 care, transportation, educational support, res12 pite care, supervised visitation, legal services or 

13 other necessary services. 

14 ‘‘(e) REPORTS AND EVALUATION.—Each entity re15 ceiving a grant under this section shall submit a perform16 ance report to the Secretary at such time as shall be rea17 sonably required by the Secretary. Such performance re18 port shall describe the activities that have been carried out 

19 with such grant funds, contain an evaluation of the effec20 tiveness of such activities, and provide such additional in21 formation as the Secretary may reasonably require. 

22 ‘‘SEC. 313. NATIONAL DOMESTIC VIOLENCE HOTLINE 

23 GRANT. 

24 ‘‘(a) IN GENERAL.—The Secretary— 


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1 ‘‘(1) shall award a grant to a nonprofit, non2 governmental entity to provide for the establishment 

3 and operation of a 24-hour national, toll-free tele4 phone hotline to provide information and assistance 

5 to adults and youth victims of domestic violence and 

6 dating violence, family and household members of 

7 such victims, and those collaterally affected by the 

8 victimization; and 

9 ‘‘(2) may award a grant to a nonprofit, non10 governmental entity to provide for the establishment 

11 and operation of a 24-hour national, toll-free 

12 helpline providing specialized information and assist13 ance to youth victims of domestic violence and dat14 ing violence, family and household members of such 

15 victims, and those collaterally affected by the victim16 ization. 

17 ‘‘(b) TERM.—The Secretary shall award grants under 

18 this section for a period of not more than 5 years. 

19 ‘‘(c) ANNUAL APPROVAL.—The provision of pay20 ments under a grant awarded under this section shall be 

21 subject to annual approval by the Secretary and subject 

22 to the availability of appropriations for each fiscal year 

23 to make the payments. 


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1 ‘‘(d) APPLICATION.—To be eligible to receive a grant 

2 under this section, an entity shall submit an application 

3 to the Secretary that shall— 

4 ‘‘(1) contain such agreements, assurances, and 

5 information, be in such form, and be submitted in 

6 such manner, as the Secretary shall prescribe; 

7 ‘‘(2) demonstrate that the applicant has the 

8 technological capacity to respond to the projected 

9 national hotline call or electronic communication vol10 ume; 

11 ‘‘(3) include a complete description of the appli12 cant’s plan for the operation of a national domestic 

13 violence and dating violence hotline or youth 

14 helpline, including descriptions of— 

15 ‘‘(A) the hiring criteria and qualifications 

16 for personnel; 

17 ‘‘(B) the training program for personnel, 

18 including technology training to ensure that all 

19 persons affiliated are able to effectively operate 

20 any technological systems; 

21 ‘‘(C) the methods for the creation, mainte22 nance, and updating of a comprehensive re23 source database; 

24 ‘‘(D) a plan for publicizing the availability 

25 of services to adults, youth, racial and ethnic 


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1 minorities, underserved populations, American 

2 Indians, Alaska Native, older individuals, and 

3 individuals with disabilities and impairments; 

4 ‘‘(E) a plan for providing hotline services 

5 to users with limited English proficiency; in6 cluding service through personnel who speak 

7 languages other than English; 

8 ‘‘(F) a plan for facilitating access to serv9 ices by persons with hearing impairments; 

10 ‘‘(G) a comprehensive disaster prepared11 ness and recovery plan; and 

12 ‘‘(H) a comprehensive privacy and con13 fidentiality policy that includes provisions for 

14 nondisclosure of any personally identifying in15 formation or individual information collected or 

16 received in connection with services requested, 

17 utilized, or denied through such grantee’s pro18 gram, including provisions that protect person19 ally identifying information or individual infor20 mation that may be collected, received, or main21 tained in any form, including electronically; 

22 ‘‘(4) demonstrate the ability to safely and se23 curely provide information and referrals for callers 

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1 line callers to service providers, and appropriately 

2 link electronic communicators to service providers; 

3 ‘‘(5) demonstrate that the applicant has a com4 mitment to the provision of services to youth, racial 

5 and ethnic minorities, underserved populations, 

6 American Indians, Alaska Natives, older individuals, 

7 and individuals with disabilities and impairments; 

8 ‘‘(6) demonstrate that the applicant has recog9 nized expertise in the area of domestic violence and 

10 dating violence and a record of high quality service 

11 to victims of domestic violence and dating violence 

12 and— 

13 ‘‘(A) in an application to provide national 

14 hotline services under subsection (a)(1)— 

15 ‘‘(i) demonstrate that the applicant 

16 has the capacity to effectively operate a 

17 24-hour national, toll-free hotline that 

18 principally serves victims of domestic vio19 lence and dating violence; 

20 ‘‘(ii) demonstrate that the primary 

21 purpose of the applicant is to provide serv22 ices to victims of domestic violence and 

23 dating violence or demonstrate a signifi24 cant collaboration with a nonprofit, non25 governmental entity, the primary purpose 


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1 of which is to provide services to victims of 

2 domestic violence or dating violence; 

3 ‘‘(iii) demonstrate meaningful collabo4 ration in developing the application with 

5 service providers, including coalitions, with 

6 specialized expertise in serving youth, ra7 cial and ethnic minorities, underserved 

8 populations, American Indians, Alaska Na9 tives, older individuals, and individuals 

10 with disabilities and impairments; and 

11 ‘‘(iv) demonstrate support from do12 mestic violence and dating violence advo13 cacy groups, community-based service pro14 viders, and State or tribal coalitions; or 

15 ‘‘(B) in an application to provide national 

16 youth helpline services under subsection 

17 (a)(2)— 

18 ‘‘(i) demonstrate that the applicant 

19 has the capacity to use innovative techno20 logical approaches and methods of commu21 nication to effectively operate a 24-hour 

22 national, toll-free youth helpline that prin23 cipally serves youth victims of domestic vi24 olence and dating violence; 


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1 ‘‘(ii) demonstrate that the primary 

2 purpose of the applicant is to provide serv3 ices to youth victims of domestic violence 

4 and dating violence or demonstrate signifi5 cant collaboration with a nonprofit, non6 governmental entity, the primary purpose 

7 of which is to provide services to youth vic8 tims of domestic violence or dating vio9 lence; 

10 ‘‘(iii) demonstrate meaningful collabo11 ration in developing the application with 

12 service providers, including coalitions, with 

13 specialized expertise in serving youth from 

14 racial and ethnic minorities, underserved 

15 populations, American Indian tribes, and 

16 Alaska Native Villages; and 

17 ‘‘(iv) demonstrate that the applicant 

18 has support from various dating violence 

19 advocacy groups, community-based youth 

20 service providers, and state or tribal coali21 tions; 

22 ‘‘(7) demonstrate that the applicant complies 

23 with nondisclosure requirements as described in sec24 tion 306(c)(5); 


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1 ‘‘(8) demonstrate a plan for developing and fol2 lowing comprehensive quality assurance practices; 

3 and 

4 ‘‘(9) contain such other information as the Sec5 retary may require. 

6 ‘‘(e) HOTLINE AND HELPLINE ACTIVITIES.— 

7 ‘‘(1) IN GENERAL.—An entity that receives a 

8 grant under subsection (a)(1) shall use funds made 

9 available through the grant to establish and operate 

10 a 24-hour national, toll-free telephone hotline to pro11 vide information and assistance to adult and youth 

12 victims of domestic violence and dating violence. An 

13 entity that receives a grant under subsection (a)(2) 

14 shall use funds made available through the grant to 

15 establish and operate a 24-hour national, toll-free 

16 helpline providing specialized information and assist17 ance to youth victims of domestic violence and dat18 ing violence through the use of innovative ap19 proaches and methods of communication that effec20 tively outreach to the particular interests and per21 spectives of youth victims of domestic violence and 

22 dating violence. 

23 ‘‘(2) REQUIRED AND AUTHORIZED ACTIVI24 TIES.—In operating the hotline or youth helpline, 

25 the entity— 


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1 ‘‘(A) shall contract with a carrier for the 

2 use of a toll-free telephone line and an internet 

3 service provider that provides the capability to 

4 communicate electronically, through text mes5 saging, internet chat or other innovative and 

6 appropriate methods of communication while 

7 demonstrating due diligence to assess and ad8 dress the confidentiality and safety of users; 

9 ‘‘(B) shall employ, train (including tech10 nology training), and supervise personnel to re11 spond to incoming requests for services, provide 

12 crisis intervention, advocacy, and referral serv13 ices on a 24-hour-a-day basis, and directly con14 nect hotline callers to service providers or ap15 propriately link electronic communicators to 

16 service providers; 

17 ‘‘(C) shall assemble and maintain a cur18 rent and comprehensive database of information 

19 relating to services for adult and youth victims 

20 of domestic violence and dating violence to 

21 which users may be referred throughout the 

22 States, American Indian Tribes and Alaska Na23 tive Villages, including information on the avail24 ability of services for adult and youth victims of 

25 domestic violence and dating violence; 


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1 ‘‘(D) shall provide assistance and referrals 

2 to ethnic and racial minorities, persons with 

3 limited English proficiency, individuals in un4 derserved populations, American Indian Tribes, 

5 Alaska Native Villages, older individuals, and 

6 individuals with disabilities and impairments, 

7 and shall maintain a current resource database 

8 of specialized programs whose primary purpose 

9 is providing competent services to individuals 

10 from these populations; 

11 ‘‘(E) shall publicize available services to 

12 potential users throughout the States, including 

13 Tribal communities and Alaska Native Villages; 

14 ‘‘(F) may provide appropriate assistance 

15 and referrals for family and household members 

16 of adult and youth victims of domestic violence 

17 or dating violence and those collaterally affected 

18 by the victimization; 

19 ‘‘(G) at the discretion of the hotline or 

20 helpline operator, may provide assistance or re21 ferrals to self-identified adult and youth per22 petrators of domestic violence and dating vio23 lence, but shall not be required to provide as24 sistance or referrals in any circumstance where 


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1 the hotline or helpline operator suspects the 

2 safety of a victim may be endangered; and 

3 ‘‘(H) may collect and disseminate non-per4 sonally identifying data about demographics, 

5 trends, unmet needs, and other issues gathered 

6 from users in compliance with section 

7 306(c)(5). 

8 ‘‘(f) REPORTS AND EVALUATION.—Entities receiving 

9 a grant under this section shall submit a performance re10 port to the Secretary at such time as shall be reasonably 

11 required by the Secretary. Such performance report shall 

12 describe the activities that have been carried out with such 

13 grant funds, contain an evaluation of the effectiveness of 

14 such activities, and provide such additional information as 

15 the Secretary may reasonably require. 

16 ‘‘SEC. 314. GRANTS FOR UNDERSERVED POPULATIONS. 

17 ‘‘(a) PURPOSE.—It is the purpose of this section to 

18 provide for the awarding of grants to assist communities 

19 in mobilizing and organizing resources in support of effec20 tive and sustainable programs that will address domestic 

21 violence and dating violence experienced by adult and 

22 youth underserved populations, including racial and ethnic 

23 minority individuals. 

24 ‘‘(b) AUTHORITY TO AWARD GRANTS.—The Sec25 retary, acting through the Family Violence Prevention and 


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1 Services Program, shall award planning, implementation, 

2 and evaluation grants to eligible entities to assist in devel3 oping, implementing, and evaluating culturally and lin4 guistically appropriate, community-driven strategies to ad5 dress domestic violence and dating violence. 

6 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive 

7 a grant under this section, an entity shall— 

8 ‘‘(1) represent a collaboration— 

9 ‘‘(A) whose principal purpose is to develop 

10 and implement interventions and prevention 

11 strategies to address domestic violence and dat12 ing violence in a targeted underserved popu13 lation in the community served by the collabora14 tion; and 

15 ‘‘(B) that includes— 

16 ‘‘(i) at least 3 members selected 

17 among— 

18 ‘‘(I) at least one member from a 

19 community-based organization with a 

20 proven record of serving and rep21 resenting the targeted underserved 

22 population in the community; 

23 ‘‘(II) at least one member from a 

24 local victim services program; 


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1 ‘‘(III) Indian tribes, American 

2 Indian, Alaska Native tribal nonprofit 

3 organizations, or national American 

4 Indian organizations; 

5 ‘‘(IV) community health centers; 

6 and 

7 ‘‘(V) nonprofit, nongovernmental 

8 legal services programs that provide 

9 specialized services for domestic vio10 lence and dating violence victims; and 

11 ‘‘(2) submit to the Secretary an application at 

12 such time, in such manner, and containing such in13 formation as the Secretary may require, which shall 

14 include— 

15 ‘‘(A) a description of the targeted under16 served population in the community to be 

17 served under the grant; 

18 ‘‘(B) a description of at least one access 

19 barrier that exists in the underserved targeted 

20 population, such as lack of— 

21 ‘‘(i) awareness of domestic violence 

22 and dating violence issues or dynamics; 

23 ‘‘(ii) access to or awareness of domes24 tic violence and dating violence services 

25 and responses; or 


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1 ‘‘(iii) linguistically or culturally appro2 priate domestic violence and dating vio3 lence services; 

4 ‘‘(C) documentation that procedures have 

5 been developed to ensure the grantees and sub6 grantees’ compliance with all grant conditions 

7 as described in section 302(c); and 

8 ‘‘(D) a demonstration of a proven record of 

9 accomplishment of the collaboration members in 

10 serving and working with the targeted commu11 nity, or a written commitment to developing 

12 such competence. 

13 ‘‘(d) PLANNING GRANTS.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall award 

15 one-time grants to eligible entities described in sub16 section (c) to support the planning and development 

17 of culturally and linguistically appropriate programs 

18 that utilize community-driven intervention and pre19 vention strategies that address the barriers to do20 mestic violence and dating violence services, raise 

21 awareness of domestic violence and dating violence 

22 and promote community engagement in the preven23 tion of domestic violence and dating violence within 

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1 nity to be served under the grant. Such grants may 

2 be used to— 

3 ‘‘(A) expand the collaboration that is rep4 resented by the eligible entity through the iden5 tification of additional partners, particularly 

6 among the targeted community, and establish 

7 linkages with national, State, tribal, or local 

8 public and private partners which may include 

9 community health workers, advocacy, and policy 

10 organizations; 

11 ‘‘(B) establish community working groups; 

12 ‘‘(C) conduct a needs assessment of the 

13 community and targeted adult and youth un14 derserved population to determine what the bar15 riers are to access and the factors contributing 

16 to the barriers, using input from the targeted 

17 community; 

18 ‘‘(D) participate in workshops sponsored 

19 by the Family Violence Prevention and Services 

20 Program for technical assistance, evaluation, 

21 and other programmatic issues; 

22 ‘‘(E) use up to 5 percent of funds awarded 

23 under this subsection to procure technical as24 sistance from a list of providers approved by 


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1 the Family Violence Prevention and Services 

2 Program; 

3 ‘‘(F) identify promising intervention and 

4 prevention strategies; 

5 ‘‘(G) develop a plan with the input of the 

6 targeted community that includes strategies 

7 for— 

8 ‘‘(i) implementing intervention and 

9 prevention strategies that have the greatest 

10 potential for addressing the barriers to ac11 cessing services, raising awareness of do12 mestic violence and dating violence, and 

13 promoting community engagement in the 

14 prevention of domestic violence and dating 

15 violence within the targeted racial or ethnic 

16 or other underserved population; 

17 ‘‘(ii) identifying other sources of rev18 enue and integrating current and proposed 

19 funding sources to ensure long-term sus20 tainability of the program; and 

21 ‘‘(iii) evaluating the program, includ22 ing collecting data and measuring progress 

23 toward addressing domestic violence and 

24 dating violence or raising awareness of do25 mestic violence and dating violence in the 


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1 targeted racial or ethnic or other adult and 

2 youth underserved population; and 

3 ‘‘(H) conduct an evaluation of the planning 

4 and development activities. 

5 ‘‘(2) DURATION.—The period during which 

6 payments may be made under a grant under para7 graph (1) shall not exceed 24 months, except where 

8 the Secretary determines that extraordinary cir9 cumstances exist. 

10 ‘‘(e) IMPLEMENTATION GRANTS.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall award 

12 grants to eligible entities that have received a plan13 ning grant under subsection (d) to enable such enti14 ties to— 

15 ‘‘(A) implement a plan including interven16 tion services or prevention strategies to address 

17 the identified barrier or awareness issue or ini18 tiate the community engagement strategy for 

19 the targeted adult and youth underserved popu20 lation, in an effective and timely manner; 

21 ‘‘(B) collect data appropriate for moni22 toring and evaluating the program carried out 

23 under the grant; 


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1 ‘‘(C) analyze and interpret data, or col2 laborate with academic or other appropriate in3 stitutions, for such analysis and collection; 

4 ‘‘(D) participate in conferences and work5 shops for the purpose of informing and edu6 cating others regarding the experiences and les7 sons learned from the project; 

8 ‘‘(E) collaborate with appropriate partners 

9 to publish the results of the project for the ben10 efit of other domestic violence and dating vio11 lence programs; 

12 ‘‘(F) establish mechanisms with other pub13 lic or private groups to maintain financial sup14 port for the program after the grant termi15 nates; 

16 ‘‘(G) develop policy initiatives for systems 

17 change to address the barriers or awareness 

18 issue; 

19 ‘‘(H) maintain relationships with local 

20 partners and continue to develop new relation21 ships with national and State partners; 

22 ‘‘(I) evaluate the implementation of the 

23 planned activities above; and 

24 ‘‘(J) use up to 5 percent of funds awarded 

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1 sistance from a list of providers approved by 

2 the Family Violence Prevention and Services 

3 Program. 

4 ‘‘(2) DURATION.—The period during which 

5 payments may be made under a grant under para6 graph (1) shall not exceed 5 years with an extension 

7 up to 10 years total. Such payments shall be subject 

8 to annual approval by the Secretary and to the avail9 ability of appropriations for the fiscal year involved. 

10 ‘‘(f) EVALUATION GRANTS.— 

11 ‘‘(1) IN GENERAL.—The Secretary may award 

12 grants to eligible entities that have received an im13 plementation grant under subsection (e) that require 

14 additional assistance for the purpose of rigorous 

15 data analysis, program evaluation (including process 

16 and outcome measures), or dissemination of find17 ings. 

18 ‘‘(2) PRIORITY.—In awarding grants under this 

19 subsection, the Secretary shall give priority to— 

20 ‘‘(A) entities that in previous funding cy21 cles— 

22 ‘‘(i) have received a planning grant 

23 under subsection (d); or 

24 ‘‘(ii) implemented activities of the 

25 type described in subsection (c)(1); and 


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1 ‘‘(B) entities that incorporate best prac2 tices or build on successful models in their ac3 tion plan, including the use of community advo4 cates. 

5 ‘‘(g) SUSTAINABILITY.—The Secretary shall give pri6 ority to an eligible entity under this section if the entity 

7 agrees that, with respect to the costs to be incurred by 

8 the entity in carrying out the activities for which the grant 

9 was awarded, the entity (and each of the participating 

10 partners in the collaboration represented by the entity) 

11 will maintain its expenditures of non-Federal funds for 

12 such activities at a level that is not less than the level 

13 of such expenditure during the fiscal year immediately 

14 preceding the first fiscal year for which the grant is 

15 awarded. 

16 ‘‘(h) NONSUPPLANTATION.—Federal funds shall be 

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

18 and local public funds expended to provide services and 

19 activities that promote the purposes of this title. 

20 ‘‘(i) TECHNICAL ASSISTANCE, EVALUATION AND

21 MONITORING.— 

22 ‘‘(1) IN GENERAL.—For purposes of this sec23 tion— 

24 ‘‘(A) up to 5 percent of the funds made 

25 available under section 303(c) for each fiscal 


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1 year may be used by the Secretary for evalua2 tion, monitoring and other administrative costs 

3 under this section; and 

4 ‘‘(B) up to 3 percent of the funds made 

5 available under section 303(c) for each fiscal 

6 year may be used by the Secretary for technical 

7 assistance. 

8 ‘‘(2) TECHNICAL ASSISTANCE PROVIDED BY

9 GRANTEES.—The Secretary shall enable grantees to 

10 share best practices, evaluation results, and reports 

11 using the Internet, conferences, and other pertinent 

12 information regarding the projects funded by this 

13 section, including the outreach efforts of the Family 

14 Violence Prevention and Services Program. 

15 ‘‘(3) REPORTS AND EVALUATION.—Each entity 

16 receiving funds under this section shall file a per17 formance report at such times as requested by the 

18 Secretary describing the activities that have been 

19 carried out with such grant funds and providing 

20 such additional information as the Secretary may re21 quire. 

22 ‘‘(j) ADMINISTRATIVE BURDENS.—The Secretary 

23 shall make every effort to minimize duplicative or unneces24 sary administrative burdens on the grantees. 


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1 ‘‘SEC. 315. DOMESTIC VIOLENCE PREVENTION ENHANCE2 MENT AND LEADERSHIP THROUGH ALLI3 ANCES (DELTA). 

4 ‘‘(a) IN GENERAL.—The Secretary shall provide 

5 grants to statewide nonprofit organizations to establish 

6 and operate projects to engage in primary prevention of 

7 domestic violence and dating violence including violence 

8 committed by and against youth, using a coordinated com9 munity response model and through prevention and edu10 cation programs. 

11 ‘‘(b) TERM.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall provide 

13 a grant or enter into a cooperative agreement under 

14 this section for a period of not more than 5 fiscal 

15 years. 

16 ‘‘(2) CONTINUATION OF SUCCESSFUL PRO17 GRAMS.—For grants that are identified under this 

18 section and that are deemed by the Secretary to be 

19 successful in meeting the objectives of the initial 

20 grant solicitation, the Secretary may extend the du21 ration of those grants for up to 5 additional years 

22 beyond their scheduled expiration without the re23 quirement for a recompetition. The Secretary may 

24 extend such grants for an additional 5 years fol25 lowing a second review in accordance with subsection 

26 (c), and the determination by the Secretary that the 


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1 objectives of the grant are being achieved. Grants 

2 awarded before fiscal year 2009 may be extended 

3 further at the discretion of the Secretary. 

4 ‘‘(c) ELIGIBILITY.—To be eligible to receive a grant 

5 under this section, an entity shall be a State Domestic 

6 Violence Coalition. 

7 ‘‘(d) APPLICATIONS.—An organization that desires to 

8 receive a grant under this section shall— 

9 ‘‘(1) submit to the Secretary an application, in 

10 such form and in such manner as the Secretary shall 

11 prescribe, that demonstrates the capacity of the ap12 plicant and partnering local domestic violence service 

13 providers and community-based organizations to un14 dertake the project and contains such other informa15 tion, agreements, and assurances as the Secretary 

16 may require; 

17 ‘‘(2) demonstrate that applicants have experi18 ence in providing, or the capacity to provide, preven19 tion focused training and technical assistance; 

20 ‘‘(3) identify the means through which the pop21 ulations in the community to be served shall be se22 lected; 

23 ‘‘(4) demonstrate collaborative community ini24 tiatives to prevent domestic violence and dating vio25 lence; 


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1 ‘‘(5) demonstrate that the applicant has a com2 mitment to diversity, and to the provision of services 

3 and outreach to ethnic, racial, and non-English 

4 speaking minorities, victims and children in under5 served populations, and older individuals and indi6 viduals with disabilities; 

7 ‘‘(6) demonstrate the capacity of the applicant, 

8 who may enter into a partnership with a local do9 mestic violence service provider or community-based 

10 organization, to undertake the project involved; and 

11 ‘‘(7) demonstrate that the applicant has the ca12 pacity to monitor and fund local coordinated com13 munity responses. 

14 ‘‘(e) GEOGRAPHICAL DISPERSION.—The Secretary 

15 shall provide grants under this section to and enter into 

16 cooperative agreements under this section with organiza17 tions in communities geographically dispersed throughout 

18 the Nation. 

19 ‘‘(f) USE OF FUNDS.— 

20 ‘‘(1) IN GENERAL.—An entity that receives a 

21 grant under subsection (a) shall use the funds made 

22 available through the grant or agreement to estab23 lish and operate a community project to coordinate 

24 services for the prevention of and intervention in do25 mestic violence and dating violence. 


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1 ‘‘(2) TECHNICAL ASSISTANCE, EVALUATION

2 AND MONITORING.—The Secretary may use a por3 tion of the funds provided under this section to— 

4 ‘‘(A) provide technical assistance; 

5 ‘‘(B) monitor the performance of entities 

6 carrying out activities under the grants or coop7 erative agreements; and 

8 ‘‘(C) conduct an independent evaluation of 

9 the program carried out under this section. 

10 ‘‘(3) REQUIREMENTS.—In establishing and op11 erating a project under this section, an eligible enti12 ty shall develop, replicate, or conduct domestic vio13 lence and dating violence primary prevention pro14 grams that reduce risk factors and promote protec15 tive factors that reduce the likelihood of domestic vi16 olence and dating violence and shall— 

17 ‘‘(A) use not more than 75 percent of 

18 awarded funds to subcontract with local victim 

19 service providers and community-based pro20 grams to develop and implement such plans; 

21 ‘‘(B) in the case of a new grantee, use at 

22 least one and at most three years for planning 

23 and capacity building without subcontracting as 

24 described above; and 


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1 ‘‘(C) use up to 8 percent of funds awarded 

2 under this section to procure technical assist3 ance from a list of providers approved by the 

4 Secretary and peer-to-peer technical assistance 

5 from other grantees under this section. 

6 The Secretary shall award funds in amounts (A) not 

7 less than $200,000 per year and (B) not more than 

8 $1,000,000 per year. 

9 ‘‘(g) REPORTS AND EVALUATION.—Each entity re10 ceiving a grant under this section shall submit a perform11 ance report to the Secretary at such time as shall be rea12 sonably required by the Secretary. Such performance re13 port shall describe activities that have been carried out 

14 with the funds made available through the grant, contain 

15 an evaluation of the effectiveness of such activities, and 

16 provide such additional information as the Secretary may 

17 reasonably require. The Secretary shall make the evalua18 tions received under this subsection publicly available on 

19 the Department of Health and Human Services website. 

20 The reports shall also be submitted to the Committee on 

21 Education and Labor of the House of Representatives and 

22 the Committee on Health, Education, Labor, and Pen23 sions of the Senate. 


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1 ‘‘SEC. 316. GRANTS TO ENHANCE CULTURALLY AND LIN2 GUISTICALLY SPECIFIC SERVICES FOR RA3 CIAL AND ETHNIC MINORITY GROUPS. 

4 ‘‘(a) ESTABLISHMENT.—The Secretary of Health 

5 and Human Services, through the Director of the Family 

6 Violence Prevention and Services Program, shall award 

7 competitive grants to enhance culturally competent serv8 ices for adult and youth victims of domestic violence from 

9 racial and ethnic minority groups. 

10 ‘‘(b) PURPOSES.— 

11 ‘‘(1) IN GENERAL.—The purposes of the pro12 gram authorized by this section is to— 

13 ‘‘(A) develop and support innovative cul14 turally competent community-based programs 

15 to enhance access to shelter services or sup16 portive services to further the purposes of do17 mestic violence and dating violence intervention 

18 and prevention for individuals from racial and 

19 ethnic minority groups who face obstacles to 

20 using more traditional services and resources; 

21 ‘‘(B) strengthen the capacity and further 

22 the leadership development of individuals in ra23 cial and ethnic minority groups to address do24 mestic violence and dating violence in their 

25 communities; and 


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1 ‘‘(C) address the needs of individuals with2 in racial and ethnic minority groups who are 

3 also underserved as a result of disabilities, geo4 graphic isolation, immigration status, age, or 

5 sexual orientation, and other populations deter6 mined to be underserved by the Secretary. 

7 ‘‘(2) USE OF FUNDS.— 

8 ‘‘(A) Funds awarded to eligible entities, as 

9 described in subsection (c), shall be used to es10 tablish or enhance domestic violence and dating 

11 violence intervention and prevention efforts that 

12 address distinctive culturally competent re13 sponses to domestic violence and dating violence 

14 in racial and ethnic minority groups. 

15 ‘‘(B) In carrying out subparagraph (A), 

16 the Secretary may award initial planning and 

17 capacity building grants to those eligible enti18 ties that are establishing new culturally com19 petent programs. 

20 ‘‘(C) The Secretary shall ensure that 

21 awards are made, to the extent practical, only 

22 on a competitive basis, and that a grant is 

23 awarded for a proposal only if the proposal has 

24 been recommended for such an award through 

25 a process of peer review. 


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1 ‘‘(D) Not more than 3 percent of the funds 

2 reserved under section 303(a)(3)(A)(v) for any 

3 fiscal year shall be available for technical assist4 ance to be used by the grantees to access train5 ing and technical assistance from organizations 

6 that are on a list of providers approved by the 

7 Director to provide training and technical as8 sistance regarding the provision of effective cul9 turally competent, community-based services for 

10 racial and ethnic minority groups. 

11 ‘‘(E) Not more than 2 percent of the funds 

12 reserved under section 303(a)(3)(A)(v) for any 

13 fiscal year shall be available to the Director for 

14 training and technical assistance for grantees. 

15 ‘‘(3) TECHNICAL ASSISTANCE AND TRAINING.— 

16 The Secretary shall develop a list of approved tech17 nical assistance providers having a demonstrated ex18 pertise in and whose primary purpose is addressing 

19 the development and provision of culturally com20 petent community-based services to victims of do21 mestic violence and dating violence from the tar22 geted populations to provide training and technical 

23 assistance for grantees. 

24 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive 

25 a grant under this section, an entity shall— 


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1 ‘‘(1) be a private nonprofit, nongovernmental 

2 organization that is— 

3 ‘‘(A) a community-based organization 

4 whose primary purpose is providing culturally 

5 competent services to victims of domestic vio6 lence or dating violence from racial and ethnic 

7 minority groups; or 

8 ‘‘(B) a local domestic violence or dating vi9 olence organization that has developed or in10 tends to develop a specific program to provide 

11 culturally and linguistically specific services to 

12 victims of domestic violence and dating violence 

13 from racial and ethnic minority groups that has 

14 previously established or intends to establish a 

15 partnership with a community-based organiza16 tion whose primary purpose is providing cul17 turally competent services to victims of domes18 tic violence and dating violence from racial and 

19 ethnic minority groups; and 

20 ‘‘(C) a community-based organization 

21 whose primary purpose is providing culturally 

22 competent services to individuals from racial 

23 and ethnic minority groups that can partner 

24 with an organization having demonstrated exVerDate Nov 24 2008 01:19 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H4116.IH H4116

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1 pertise in serving victims of domestic violence 

2 and dating violence; and 

3 ‘‘(2) have an advisory board or steering com4 mittee and staffing which is reflective of the targeted 

5 minority group. 

6 ‘‘(d) CULTURAL COMPETENCY OF SERVICES.—The 

7 Secretary shall ensure that information and services pro8 vided pursuant to this section are provided in the lan9 guage, educational, and cultural context that is most ap10 propriate for the individuals for whom the information and 

11 services are intended. 

12 ‘‘(e) GRANT PERIOD.—The Secretary shall award 

13 grants for a 3-year period. 

14 ‘‘(f) NONEXCLUSIVITY.—Nothing in this section shall 

15 be interpreted to exclude linguistic and culturally specific 

16 community-based organizations or programs from apply17 ing for other sources of funding available through this Act. 

18 ‘‘(g) REPORTS AND EVALUATION.—Each entity re19 ceiving funds under this section shall file a performance 

20 report at such times as requested by the Secretary describ21 ing the activities that have been carried out with such 

22 grant funds and providing such additional information as 

23 the Secretary may require.’’. 


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1 SEC. 3. SAFE HAVENS FOR CHILDREN. 

2 (a) IN GENERAL.—Section 1301 of the Victims of 

3 Trafficking and Violence Protection Act of 2000 (42 

4 U.S.C. 10420) is transferred to the end of subtitle L of 

5 the Violence Against Women Act of 1994 (42 U.S.C. 

6 14043c et seq.) and redesignated as section 41205 of the 

7 Violence Against Women Act of 1994. 

8 (b) CLERICAL AMENDMENTS.— 

9 (1) IN GENERAL.—The table of contents for the 

10 Violence Against Women Act of 1994 is amended by 

11 inserting after the item relating to section 41204 the 

12 following: 

‘‘Sec. 41205. Safe havens for children.’’. 

13 (2) REPEAL.—The table of contents for the 

14 Victims of Trafficking and Violence Protection Act 

15 of 2000 (Public Law 106–386) is amended by strik16 ing the item relating to section 1301. 

Æ 


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