[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4116 Introduced in House (IH)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FVPSA Reauthorization Act of 2009''.
SEC. 2. FAMILY VIOLENCE PREVENTION AND SERVICES.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.) is amended to read as follows:
``TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES
``SEC. 301. PURPOSE.
``It is the purpose of this title to provide services and
interventions to prevent and end family violence, domestic violence,
and dating violence by--
``(1) assisting States and State coalitions in supporting
local family violence, domestic violence, and dating violence
programs;
``(2) strengthening the capacity of Indian tribes to
exercise their sovereign authority to respond to family
violence, domestic violence, and dating violence;
``(3) providing for technical assistance and training
centers relating to family violence, domestic violence, and
dating violence;
``(4) maintaining a national domestic violence hotline; and
``(5) supporting primary and secondary prevention of family
violence, domestic violence, and dating violence.
``SEC. 302. DEFINITIONS.
``In this title:
``(1) Children exposed to family violence, domestic
violence, or dating violence.--The term `children exposed to
family violence, domestic violence, or dating violence' means
the multiple experiences of children living in homes where an
adult is using physically violent behavior in a pattern of
coercion against an intimate partner. Exposure to domestic
violence or dating violence, absent other indicators of abuse
or neglect, shall not be construed as child maltreatment.
``(2) Dating violence.--The term `dating violence' means
any act or pattern of acts of violence, harassment, coercion,
forcible detention, kidnapping, or abuse, including any
threatened act committed by an adult or minor person who is or
has been in a social relationship of a romantic or intimate
nature with the victim, as determined based on the following
factors:
``(A) The length of the relationship.
``(B) The type of relationship.
``(C) The frequency of interaction between the
persons involved in the relationship.
``(3) Domestic violence and family violence.--For the
purposes of this chapter, the terms `domestic violence and
family violence' means any act or pattern of acts of violence,
harassment, coercion, forcible detention, kidnapping, or abuse,
including any threatened act, committed by--
``(A) a current or former spouse of the victim;
``(B) a person with whom the victim shares a child
in common;
``(C) a person who is cohabitating with or has
cohabitated with the victim as a spouse;
``(D) a person similarly situated to a spouse of
the victim under the domestic or family violence laws
of the jurisdiction receiving grant monies; or
``(E) any other person against an adult or youth
victim who is protected from that person's acts under
the domestic violence laws of the jurisdiction.
``(4) Indian tribe; tribal organization.--The terms `Indian
tribe' and `tribal organization' have the meanings given such
terms in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
``(5) Personally identifying information; personal
information.--The terms `personally identifying information'
and `personal information' means individually identifying
information for or about an individual including information
likely to disclose the location of a victim of family violence,
domestic violence or dating violence, regardless of whether the
information is encoded, encrypted, hashed, or otherwise
protected, including--
``(A) a first and last name;
``(B) a home or other physical address;
``(C) contact information (including a postal, e-
mail or Internet protocol address, or telephone or
facsimile number);
``(D) a Social Security number; and
``(E) any other information, including date of
birth, racial or ethnic background, or religious
affiliation, that, in combination with any of
subparagraphs (A) through (D), would serve to identify
any individual.
``(6) Racial and ethnic minority group.--The term `racial
and ethnic minority group' has the same meaning given such
terms in section 1707(g) of the Public Health Service Act (42
U.S.C. 300u-6(g)).
``(7) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(8) Shelter.--The term `shelter' means the provision of
temporary refuge and related assistance in compliance with
applicable State law (including regulation) governing the
provision, on a regular basis, of shelter, safe homes, meals,
and related assistance to victims of family violence or
domestic violence, and their dependents.
``(9) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands, except as
otherwise provided.
``(10) State domestic violence coalition.--The term `State
Domestic Violence Coalition' means a statewide or territory-
wide nonprofit, nongovernmental domestic violence organization
that--
``(A) has a membership that includes a majority of
the primary-purpose domestic violence service providers
in the State;
``(B) has board membership representative of
primary-purpose domestic violence service providers or
such service providers and the other representatives of
the community in which the services are being provided
in the State;
``(C) has as its purpose to provide education,
support, and technical assistance to such service
providers to enable the providers to establish and
maintain shelter and supportive services for victims of
domestic violence and their dependents;
``(D) serves as an information clearinghouse,
primary point of contact, and resource center on
domestic violence for the State and supports the
development of polices, protocols, and procedures to
enhance domestic violence intervention and prevention
in the State; and
``(E) does not operate under the auspice of any
government office, private entity, or umbrella
organization.
``(11) Supportive services.--The term `supportive services'
means services for adult and youth victims of family violence,
domestic violence, dating violence, and children exposed to
family violence, domestic violence, or dating violence, that
are designed to--
``(A) meet the needs of such victims of family
violence, domestic violence, or dating violence and
their children, for short-term, transitional, or long-
term safety; or
``(B) provide counseling, advocacy, or assistance
for victims in recovery from violence or abuse and
their children.
``(12) Underserved populations; underserved individuals.--
The terms `underserved populations' and `underserved
individuals' mean--
``(A) adult and youth victims of family violence,
domestic violence, and dating violence and their
children who face obstacles in accessing and using
State and local domestic violence and dating violence
services due to factors such as--
``(i) marginalized racial and ethnic
identities;
``(ii) American Indian status;
``(iii) cultural and language barriers;
``(iv) immigration status;
``(v) physical, sensory, or cognitive
disabilities;
``(vi) mental disabilities or other mental
health needs;
``(vii) sexual orientation or gender
identity;
``(viii) age (including both elders and
minors);
``(ix) geographical location; and
``(x) faith or religious practice; and
``(B) other populations determined to be
underserved by a State or by the Family Violence
Prevention and Services Program.
``(13) Youth.--The term `youth' means teen and young adult
victims of domestic violence or dating violence between the
ages of 12 and 24.
``SEC. 303. AUTHORIZATIONS OF APPROPRIATIONS; RESERVATIONS.
``(a) In General.--
``(1) Authorization.--There are authorized to be
appropriated to carry out this title, except sections 313, 314,
and 315, $250,000,000 for each of fiscal years 2010 through
2014.
``(2) Reservations of funds.--Subject to paragraph (3),
from the total amount made available under paragraph (1) for a
fiscal year, the Secretary shall reserve--
``(A) not less than 70 percent to carry out section
306;
``(B) not less than 10 percent to carry out section
309;
``(C) not less than 6.5 percent to carry out
section 310;
``(D) not less than 10 percent to carry out section
311; and
``(E) not more than 2.5 percent to carry out
section 304 and for any other Federal administrative
costs related to activities of the Secretary under this
title.
``(3) Reservations of funds where appropriations equal or
exceed $130,000,000.--
``(A) In general.--For a fiscal year for which the
amount appropriated under paragraph (1) equals or
exceeds $130,000,000, the Secretary shall reserve--
``(i) subject to subparagraph (B), not less
than 68.25 percent to carry out section 306;
``(ii) not less than 10 percent to carry
out section 309;
``(iii) not less than 6.33 percent to carry
out section 310;
``(iv) not less than 9.75 percent to carry
out section 311;
``(v) not less than 2.25 percent to carry
out section 316; and
``(vi) not more than 2.43 percent to carry
out section 304 and for any other Federal
administrative costs related to activities of
the Secretary under this title.
``(B) Special rules.--
``(i) Specialized services for children.--
``(I) In general.--From any amount
reserved under subparagraph (A)(i), the
Secretary shall reserve 75 percent of
the excess amount to carry out section
306 and the remaining 25 percent shall
be reserved to carry out section 312.
``(II) Excess amount.--For purposes
of subclause (I), the term `excess
amount' means the amount, if any, by
which the amount reserved under
subparagraph (A)(i) exceeds
$88,725,000.
``(ii) Administration of formula grants.--
For a fiscal year for which the amount reserved
under subparagraph (A)(i) exceeds $95,000,000,
the Secretary may reserve not more than 1
percent of the amount reserved under such
subparagraph for administrative costs related
to the provision of grants under section 306,
including the provision of technical assistance
to grantees and subgrantees.
``(b) National Domestic Violence Hotline Grant.--There are
authorized to be appropriated to carry out section 313 $7,000,000 for
each of fiscal years 2010 through 2014.
``(c) Grants for Underserved Populations.--There are authorized to
be appropriated to carry out section 314 $15,000,000 for each of fiscal
years 2010 through 2014.
``(d) Domestic Violence Prevention Enhancement and Leadership
Through Alliances.--There are authorized to be appropriated to carry
out section 315 $20,000,000 for each of fiscal years 2010 through 2014.
``SEC. 304. AUTHORITY OF SECRETARY.
``(a) Authorities.--In order to carry out the provisions of this
title, the Secretary is authorized to--
``(1) appoint and fix the compensation of such personnel as
are necessary;
``(2) procure, to the extent authorized by section 3109 of
title 5, United States Code, such temporary and intermittent
services of experts and consultants as are necessary;
``(3) make grants to eligible entities or enter into
contracts with for-profit or nonprofit, nongovernmental
entities and establish reporting requirements for such grantees
and contractors;
``(4) prescribe such regulations and guidance as are
reasonably necessary in order to carry out the objectives and
provisions of this title, to ensure accountability and
transparency of the actions of grantees, or, as determined by
the Secretary, to be reasonably necessary to carry out this
title; and
``(5) coordinate programs within the Department of Health
and Human Services, and seek to coordinate with programs
administered by other Federal agencies, that involve or impact
efforts to prevent family violence, domestic violence, and
dating violence or the provision of assistance for adult and
youth victims of family violence, domestic violence, or dating
violence.
``(b) Administration.--The Secretary shall--
``(1) select 1 or more employees to carry out the
provisions of this title, including carrying out evaluation and
monitoring under this title, which employees shall, prior to
such appointment, have expertise in the field of family
violence, domestic violence, and dating violence prevention and
services;
``(2) provide for the training of personnel and provide
technical assistance in the conduct of programs for the
intervention in and prevention of family violence, domestic
violence, and dating violence;
``(3) provide for and coordinate research into the most
effective approaches to the intervention in and prevention of
family violence, domestic violence, and dating violence, by--
``(A) consulting with experts and program providers
within the family violence, domestic violence, and
dating violence field to identify gaps in research and
knowledge, establish research priorities, and
disseminate research findings;
``(B) collecting and reporting data on the
provision of family violence, domestic violence, and
dating violence services, including assistance and
programs supported by Federal funds made available
under this title and by other governmental or
nongovernmental sources of funds; and
``(C) coordinating family violence, domestic
violence, and dating violence research efforts within
the Department of Health and Human Services with
relevant research administered or carried out by other
Federal agencies and other researchers, including
research on the provision of assistance for adult and
youth victims of family violence, domestic violence,
and dating violence; and
``(4) support the development and implementation of
effective policies, protocols, and programs within the
Department and at other Federal agencies that address the
safety and support needs of adult and youth victims of family
violence, domestic violence, or dating violence.
``(c) Reports.--Every 2 years, the Secretary shall review and
evaluate the activities conducted by grantees and subgrantees under
this title and the effectiveness of the programs administered pursuant
to this title, and submit a report containing the evaluation to the
Committee on Education and Labor of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the Senate.
Such report shall also include a summary of the documentation provided
to the Secretary through performance reports submitted under section
306(d). The Secretary shall make publicly available on the Department
of Health and Human Services website the reports submitted to Congress
under this subsection, including the summary of the documentation
provided to the Secretary under section 306(d).
``SEC. 305. ALLOTMENT OF FUNDS.
``(a) In General.--From the sums made under section 303 to carry
out section 306 for any fiscal year, each State shall be allotted for a
grant under section 306(a) $600,000, with the remaining funds to be
allotted to each State in an amount that bears the same ratio to such
remaining funds as the population of such State bears to the population
of all States.
``(b) Population.--For the purpose of this section, the population
of each State, and the total population of all the States, shall be
determined by the Secretary on the basis of the most recent census data
available to the Secretary, and the Secretary shall use for such
purpose, if available, the annual interim current census data produced
by the Secretary of Commerce pursuant to section 181 of title 13,
United States Code.
``(c) Ratable Reduction.--If the sums made under section 303 to
carry out section 306 for any fiscal year are not sufficient to pay in
full the total amounts that all States are entitled to receive under
subsection (a) for such fiscal year, then the maximum amounts that all
States are entitled to receive under subsection (a) for such fiscal
year shall be ratably reduced. In the event that additional funds
become available for making such grants for any fiscal year during
which the preceding sentence is applicable, such reduced amounts shall
be increased on the same basis as they were reduced.
``(d) Reallotment.--If, at the end of the sixth month of any fiscal
year for which sums are appropriated under section 303, the amount
allotted to a State has not been made available to such State in a
grant under section 306(a) because of the failure of such State to meet
the requirements for such a grant, then the Secretary shall reallot
such amount to States that meet such requirements.
``(e) Continued Availability of Funds.--All funds allotted to a
State for a fiscal year under this section, made available to such
State in a grant under section 306(a), and not obligated by the State
by the end of the third fiscal year shall be made available to the
Secretary for discretionary activities under section 306. Such funds
shall remain available for obligation, and for expenditure by a
recipient of the funds under section 306, for not more than 2 years
from the beginning of the Federal fiscal year in which the funds were
appropriated.
``SEC. 306. FORMULA GRANTS TO STATES.
``(a) Formula Grants to States.--The Secretary shall award grants
to States in order to assist in supporting the establishment,
maintenance, and expansion of programs and projects to prevent
incidents of family violence, domestic violence, and dating violence,
to provide immediate shelter, supportive services, and access to
community-based programs for adult and youth victims of family
violence, domestic violence, or dating violence, and their dependents,
and to provide specialized services for children and youth exposed to
family violence, domestic violence, or dating violence, underserved
populations, and victims who are members of racial and ethnic minority
populations.
``(b) Administrative Expenses.--
``(1) Administrative costs.--Each State may use not more
than 5 percent of the grant funds for State administrative
costs.
``(2) Subgrants to eligible entities.--A State shall use
the remainder of the grant funds to make subgrants to eligible
entities for the purposes described in section 308.
``(c) Grant Conditions.--
``(1) Approved activities.--In carrying out the activities
under this title, grantees and subgrantees may collaborate with
and provide information to Federal, State, local, and tribal
public officials and agencies, in accordance with limitations
on disclosure of confidential or private information as
described in paragraph (5), to develop and implement policies
to reduce or eliminate adult and youth family violence,
domestic violence, and dating violence.
``(2) Discrimination prohibited.--
``(A) Application of civil rights provisions.--For
the purpose of applying the prohibitions against
discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), on
the basis of disability under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), on the
basis of sex under title IX of the Education Amendments
of 1972 (20 U.S.C. 1681 et seq.), or on the basis of
race, color, or national origin under title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.),
programs and activities funded in whole or in part with
funds made available under this title are considered to
be programs and activities receiving Federal financial
assistance.
``(B) Prohibition on discrimination on basis of
sex, religion.--
``(i) In general.--No person shall on the
ground of sex or religion be excluded from
participation in, be denied the benefits of, or
be subject to discrimination under, any program
or activity funded in whole or in part with
funds made available under this title. Nothing
in this title shall require any such program or
activity to include any individual in any
program or activity without taking into
consideration that individual's sex in those
certain instances where sex is a bona fide
occupational qualification or programmatic
factor reasonably necessary to the normal or
safe operation of that particular program or
activity.
``(ii) Enforcement.--The Secretary shall
enforce the provisions of clause (i) in
accordance with section 602 of the Civil Rights
Act of 1964 (42 U.S.C. 2000d-1). Section 603 of
such Act (42 U.S.C. 2000d-2) shall apply with
respect to any action taken by the Secretary to
enforce such clause.
``(iii) Construction.--This subparagraph
shall not be construed as affecting any legal
remedy provided under any other provision of
law.
``(C) Enforcement authorities of secretary.--
Whenever the Secretary finds that a State or other
entity that has received financial assistance under
this title has failed to comply with a provision of law
referred to in subparagraph (A), with subparagraph (B),
or with an applicable regulation (including one
prescribed to carry out subparagraph (B)), the
Secretary shall notify the chief executive officer of
the State involved and shall request such officer to
secure compliance. If, within a reasonable period of
time, not to exceed 60 days, the chief executive
officer fails or refuses to secure compliance, the
Secretary may--
``(i) refer the matter to the Attorney
General with a recommendation that an
appropriate civil action be instituted;
``(ii) exercise the powers and functions
provided by title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), the Age
Discrimination Act of 1975 (42 U.S.C. 6101 et
seq.), sections 504 and 505 of the
Rehabilitation Act of 1973 (29 U.S.C. 794,
794(a)), or title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), as
may be applicable; or
``(iii) take such other action as may be
provided by law.
``(D) Enforcement authority of attorney general.--
When a matter is referred to the Attorney General
pursuant to subparagraph (C)(i), or whenever the
Attorney General has reason to believe that a State or
an entity described in subparagraph (C) is engaged in a
pattern or practice in violation of a provision of law
referred to in subparagraph (A) or in violation of
subparagraph (B), the Attorney General may bring a
civil action in any appropriate district court of the
United States for such relief as may be appropriate,
including injunctive relief.
``(3) Income eligibility standards.--No income eligibility
standard may be imposed upon individuals with respect to
eligibility for assistance or services supported with funds
appropriated to carry out this title. No fees may be levied for
assistance or services provided with funds appropriated to
carry out this title.
``(4) Match.--
``(A) In general.--No grant may be made under this
section to any entity other than a State or an Indian
tribe unless the entity agrees to provide for the
following non-Federal matching local share (expressed
as a percentage of the total amount of funds provided
under this Act to the project involved):
``(i) With respect to an entity operating
an existing program under this Act, not less
than 20 percent.
``(ii) With respect to an entity intending
to operate a new program under this Act, not
less than 35 percent.
``(B) Special rules.--The local share required
under this paragraph may be in cash or in-kind. The
local share may not include any Federal funds provided
under any authority other than this Act.
``(5) Nondisclosure of confidential or private
information.--
``(A) In general.--In order to ensure the privacy
and safety of adult, youth, and child victims of family
violence, domestic violence, or dating violence and
their families, grantees and subgrantees under this
title shall protect the confidentiality and privacy of
such victims and their families.
``(B) Nondisclosure.--Subject to subparagraphs (C)
through (I), grantees and subgrantees shall not--
``(i) disclose, reveal or release any
personally identifying information or
individual information collected in connection
with services requested, utilized, or denied
through grantees' and subgrantees' programs; or
``(ii) disclose, reveal, or release
individual client information regardless of
whether the information is encoded, encrypted,
hashed, or otherwise protected without the
informed, written, reasonably time-limited
authorization and of the person about whom
information is sought, whether for this program
or any other Federal, State, or tribal grant
program.
``(C) Release.--If disclosure, revelation, or
release of information described in subparagraph (B) is
compelled by statutory or court mandate--
``(i) grantees and subgrantees shall make
reasonable attempts to provide notice to
victims affected by the disclosure of
information; and
``(ii) grantees and subgrantees shall take
steps necessary to protect the privacy and
safety of the persons affected by the
disclosure, revelation, or release of the
information.
``(D) Information sharing.--Grantees and
subgrantees may share--
``(i) nonpersonally identifying data in the
aggregate regarding services to their clients
and nonpersonally identifying demographic
information in order to comply with Federal,
State, or tribal reporting, evaluation, or data
collection requirements;
``(ii) court-generated information and law-
enforcement generated information contained in
secure, governmental registries for protection
order enforcement purposes; and
``(iii) law enforcement- and prosecution-
generated information necessary for law
enforcement and prosecution purposes.
``(E) Minors and persons with guardians.--If a
minor or a person with a guardian is permitted by law
to receive services without the parent's or guardian's
consent, the minor or person with a guardian may
release information without additional consent. Under
any condition, consent for release of information may
not be given by the abuser of the minor, or person with
a guardian, or the abuser of the other parent of the
minor.
``(F) Oversight.--Nothing in this paragraph shall
prevent the Secretary from disclosing grant activities
authorized in this title to the chairman and ranking
members of the Committee on Education and Labor of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate and
exercising congressional oversight authority. In making
all such disclosures, the Secretary shall protect the
confidentiality of individuals and omit personally
identifying information, including location information
about individuals and shelters.
``(G) Statutorily permitted reports of abuse or
neglect.--Nothing in this paragraph shall prohibit a
grantee or subgrantee from reporting abuse and neglect,
as those terms are defined by law, where mandated by
the State or Indian tribe involved.
``(H) Preemption.--Nothing in this paragraph shall
be construed to supersede any provision of any Federal,
State, tribal, or local law that provides greater
protection than this paragraph for victims of family
violence, domestic violence, or dating violence.
``(I) Confidentiality of location.--The address or
location of any shelter facility assisted under this
title that otherwise maintains a confidential location
shall, except with written authorization of the person
or persons responsible for the operation of such
shelter, not be made public.
``(6) Supplement not supplant.--Federal funds made
available to a State under this title shall be used to
supplement and not supplant other Federal, State, and local
public funds expended to provide services and activities that
promote the objectives of this title.
``(7) Requirements.--Grantees and subgrantees shall meet
such requirements as the Secretary reasonably determines are
necessary to carry out the purposes and provisions of this
title.
``(d) Reports and Evaluation.--Each State grantee shall submit an
annual performance report to the Secretary at such time as shall be
reasonably required by the Secretary. Such performance report shall
describe the grantee and subgrantee activities that have been carried
out with grant funds made available under subsection (a), contain an
evaluation of the effectiveness of such activities, and provide such
additional information as the Secretary may reasonably require.
``SEC. 307. STATE APPLICATION.
``(a) Application.--
``(1) In general.--The chief executive officer of a State
seeking funds under section 306(a) shall submit an application
to the Secretary at such time and in such manner as the
Secretary may reasonably require.
``(2) Contents.--Each such application shall--
``(A) provide documentation that the State has
developed or updated a multiyear State plan which
includes a current demographic profile and the
identification and assessment of unmet needs, including
approaches to be used in providing culturally and
linguistically appropriate services for racial and
ethnic minority groups and other underserved
populations;
``(B) provide an annual funding plan which
describes how funds will be used to meet the purposes
of this Act, including the provision of shelter,
supportive services, and prevention and how funds will
be used in accordance with subparagraph (A);
``(C) provide a description of the procedures that
have been developed to ensure compliance with the
provisions of sections 306(c) and 308(d);
``(D) provide, with respect to funds provided to a
State under section 306(a) for any fiscal year,
assurances that--
``(i) not more than 5 percent of such funds
will be used for State administrative costs;
and
``(ii) the remaining funds will be
distributed to eligible entities as described
in section 308(a) for approved activities as
described in section 308(b);
``(E) provide an assurance that there will be an
equitable distribution of grants and grant funds within
the State and between urban and rural areas within such
State;
``(F) provide an assurance that the State has and
will continue to consult with and provide for the
participation of the State Domestic Violence Coalition
in the development and implementation of the State plan
described in subparagraph (A), as well as other
planning, coordination, and monitoring related to the
distribution of grants to eligible entities as
described in section 308(a) and the administration of
the grant programs and projects;
``(G) provide an assurances that the State has and
will continue to consult with and provide for the
participation of community-based organizations, whose
primary purpose is to provide culturally appropriate
services for individuals from racial and ethnic
minority groups and other underserved populations, in
the development and implementation of the State plan
described in subparagraph (A), and provide
documentation from such organizations describing their
participation;
``(H) specify the State agency to be designated as
responsible for the administration of programs and
activities relating to family violence, domestic
violence and dating violence, that are carried out by
the State under this title, and for coordination of
related programs within the State; and
``(I) meet such requirements as the Secretary
reasonably determines are necessary to carry out the
objectives and provisions of this title.
``(b) Approval of Application.--
``(1) In general.--The Secretary shall approve any
application that meets the requirements of subsection (a) and
section 306. The Secretary shall not disapprove any application
under this subsection unless the Secretary gives the applicant
reasonable notice of the Secretary's intention to disapprove
and a 6-month period providing an opportunity for correction of
any deficiencies.
``(2) Correction of deficiencies.--The Secretary shall give
such notice, within 45 days after the date of submission of the
application, if any of the provisions of subsection (a) or
section 306 have not been satisfied in such application. If the
State does not correct the deficiencies in such application
within the 6-month period following the receipt of the
Secretary's notice, the Secretary shall reallot such amount to
States that meet such requirements.
``(3) State domestic violence coalition participation in
determinations of compliance.--State Domestic Violence
Coalitions shall be permitted to participate in determining
whether grantees for corresponding States are in compliance
with subsection (a) and section 306, except that no funds made
available to a State Domestic Violence Coalition under section
311 shall be used to challenge a determination about whether a
grantee is in compliance with, or to seek the enforcement of,
the requirements of this title.
``(4) Failure to report; nonconforming expenditures.--The
Secretary shall suspend funding for an approved application if
the applicant fails to submit an annual performance report
under section 306(d), or if funds are expended for purposes
other than those set forth in section 306(b), after following
the procedures set forth in paragraphs (1), (2), and (3).
``SEC. 308. SUBGRANTS AND USES OF FUNDS.
``(a) Subgrants.--A State that receives a grant under section
306(a) shall use grant funds described in section 306(b)(2) to provide
subgrants to eligible entities for programs and projects within such
State, to prevent incidents of family violence, domestic violence, and
dating violence to provide emergency shelter, culturally competent
supportive services, or prevention services for adult and youth victims
of family violence, domestic violence, or dating violence, and their
dependents, in order to prevent future incidents of family violence,
domestic violence, and dating violence.
``(b) Use of Funds.--
``(1) In general.--Funds awarded to eligible entities under
subsection (a) shall be used to provide shelter or supportive
services to adult and youth victims of family violence,
domestic violence, or dating violence, and their dependents, or
prevention services, which may include--
``(A) provision, on a regular basis, of emergency
shelter and related supportive services to adult and
youth victims of family violence, domestic violence, or
dating violence, and their dependents, including paying
for the operating and administrative expenses of the
facilities for such shelter;
``(B) assistance in the development of safety
plans, and supporting efforts of adult and youth family
violence, domestic violence, or dating violence victims
to make decisions related to their ongoing safety and
well-being;
``(C) provision of individual and group counseling,
peer support groups, and referral to community-based
services to assist adult and youth family violence,
domestic violence, or dating violence victims, and
their dependents, in recovering from the effects of the
violence;
``(D) provision of services, training, technical
assistance, and outreach to increase awareness of adult
and youth family violence, domestic violence, or dating
violence and increase the accessibility of family
violence, domestic violence, or dating violence
services;
``(E) provision of culturally appropriate services
in the language, education, and cultural context that
is most appropriate for the individuals from racial and
ethnic groups and for whom the information and services
are intended, and to facilitate access for those who
face obstacles to using more traditional services and
resources;
``(F) provision of services for children and youth
exposed to family violence, domestic violence, or
dating violence, including age-appropriate counseling,
supportive services, and services for the abused parent
that support that parent's role as a caregiver, which
may, as appropriate, include services that work with
the parent and child together;
``(G) provision of advocacy, case management
services, and information and referral services,
concerning issues related to adult and youth family
violence, domestic violence, and dating violence
intervention and prevention, including--
``(i) assistance in accessing related
Federal and State financial assistance
programs;
``(ii) legal advocacy to assist adult and
youth victims;
``(iii) medical advocacy, including
provision of referrals for appropriate health
care services (including mental health,
alcohol, and drug abuse treatment), but which
shall not include reimbursement for any health
care services;
``(iv) assistance locating and securing
safe and affordable permanent housing and
homelessness prevention services;
``(v) provision of transportation, child
care, respite care, job training and employment
services, economic advocacy including financial
literacy education and services, financial
planning and related economic empowerment
services, and language assistance, including
translation or written materials, telephonic
and in-person interpreter services to adult and
youth victims with limited English proficiency
or those who are deaf or hard of hearing; and
``(vi) parenting and other educational
services for adult and youth victims and their
dependents;
``(H) prevention services, including outreach to
underserved populations, public education campaigns,
and other prevention programs for children and youth;
and
``(I) partnerships that enhance the design and
delivery of services to adult and youth victims and
their dependents.
``(2) Shelter and supportive services.--Not less than 70
percent of the funds distributed by a State under subsection
(a) shall be distributed to entities whose primary purpose is
to provide emergency shelter and supportive services to adult
and youth victims of family violence, domestic violence, or
dating violence, and their dependents, as described in
paragraph (1)(A) for the provision of such shelter and
services. Not less than 25 percent of the funds distributed by
a State under subsection (a) shall be distributed for the
purpose of providing supportive services or prevention services
as described in subparagraphs (B) through (H) of paragraph (1).
``(c) Eligible Entities.--To be eligible to receive a subgrant from
a State under this section, an entity shall--
``(1) be a nonprofit private organization (including faith-
based and charitable organizations, community-based
organizations, tribal organizations, voluntary organizations,
or a local public agency), that assists victims of family
violence, domestic violence, or dating violence and their
dependents, and has a documented history of effective work
concerning family violence, domestic violence, and dating
violence; or
``(2) an organization whose primary purpose is to provide
culturally appropriate services to racial and ethnic minority
groups or other underserved populations and is in partnership
with an organization described in paragraph (1).
``(d) Subgrant Conditions.--
``(1) Direct payments to victims or dependants.--No funds
provided through subgrants made under this section may be used
as direct payment to any victim of family violence, domestic
violence, or dating violence, or to any dependent of such
victim.
``(2) Voluntarily accepted services.--Receipt of supportive
services under this title shall be voluntary. Receipt of the
benefits of the emergency shelter described in subsection
(b)(1)(A) shall not be conditioned upon the participation by
the adult or youth victims, or their dependents, of any or all
of the supportive services offered under this title.
``SEC. 309. GRANTS FOR INDIAN TRIBES.
``(a) Grants Authorized.--The Secretary, in consultation with
tribal governments pursuant to Executive Order 13175 (25 U.S.C. 450
note) and in accordance with section 903 of the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (42 U.S.C.
14045d), shall continue to award grants for Indian tribes on a formula
basis from amounts made available under section 303 to carry out this
section.
``(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be an Indian tribe, or a tribal
organization or tribal nonprofit private organization authorized by an
Indian tribe. An Indian tribe shall have the option to authorize a
tribal organization or a nonprofit private organization to submit an
application and administer the grant funds awarded under this section.
``(c) Conditions.--Each recipient of such a grant shall comply with
requirements that are consistent with the requirements applicable to
grantees under section 306(c)(5) and requirements determined by the
Secretary to be appropriate to the unique circumstances of Indian
Tribes.
``(d) Grantee Application.--To be eligible to receive a grant under
this section, an entity shall submit an application to the Secretary at
such time, in such manner, and containing such information as the
Secretary determines to be essential to carry out the objectives and
provisions of this title. The application process under this section
shall be streamlined to increase accessibility of available funds to
Indian tribes. No entity eligible to submit an application under
subsection (b) shall be prohibited from making an application during
any fiscal year for which funds are available because such an entity
has not previously applied or received funding under this section.
``(e) Use of Funds.--An amount provided under a grant to an
eligible entity shall be used for the operation of a domestic violence
shelter, for projects designed to prevent domestic violence, or to
provide immediate shelter or supportive services for victims of
domestic violence and their dependents.
``(f) Continued Availability of Funds.--Funds under this section
shall remain available until expended and in the event that funds
allocated under subparagraph (a) are deobligated from a grantee, such
funds shall be reallocated as part of the tribal formula grant program
in the subsequent fiscal year.
``SEC. 310. NATIONAL RESOURCE CENTERS AND TRAINING AND TECHNICAL
ASSISTANCE CENTERS.
``(a) Purpose and Grants Authorized.--
``(1) Purpose.--The purpose of this section is to provide
resource information, training, and technical assistance
relating to the objectives of this title to improve the
capacity of individuals, organizations, governmental entities,
and communities to prevent domestic violence and to provide
effective intervention services.
``(2) Grants authorized.--From the amount reserved under
section 303 to carry out this section for a fiscal year, the
Secretary--
``(A) shall award grants to eligible entities for
the establishment and maintenance of 2 national
resource centers (as provided for in subsection
(b)(1)), and special issue resource centers addressing
key areas of domestic violence intervention and
prevention (as provided for in subsection (b)(2)); and
``(B) may award grants to support training and
technical assistance that address emerging issues
related to domestic violence and dating violence.
``(b) Domestic Violence Resource Centers.--
``(1) National resource centers.--In accordance with
subsection (a)(2), the Secretary shall award grants to eligible
entities for--
``(A) a National Resource Center on Domestic
Violence, which shall--
``(i) offer a comprehensive array of
technical assistance and training resources to
Federal, State, and local governmental
agencies, domestic violence service providers,
community-based organizations, and other
professionals and interested parties, related
to domestic violence service programs and
research, including programs and research
related to victims and their dependents; and
``(ii) maintain a central resource library
in order to collect, prepare, analyze, and
disseminate information and statistics related
to--
``(I) the incidence and prevention
of family violence, domestic violence,
and dating violence; and
``(II) the provision of shelter,
supportive services, and prevention
services to adult and youth victims of
domestic violence (including services
to prevent repeated incidents of
violence); and
``(B) a National Indian Resource Center Addressing
Domestic Violence and Safety for Indian Women, which
shall--
``(i) offer a comprehensive array of
technical assistance and training resources to
Indian tribes and tribal organizations,
specifically designed to enhance the capacity
of the tribes and organizations to respond to
domestic violence and the findings of section
901 of the Violence Against Women and
Department of Justice Reauthorization Act of
2005 (42 U.S.C. 3796gg-10 note); and
``(ii) enhance the intervention and
prevention efforts of Indian tribes and tribal
organizations to respond to domestic violence
and increase the safety of Indian women in
support of the purposes of section 902 of the
Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C.
3796gg-10 note).
``(2) Special issue resource centers.--In accordance with
subsection (a)(2), the Secretary shall award grants to eligible
entities for special issue resource centers, which shall
provide information, training, and technical assistance to
State and local domestic violence service providers, and shall
specialize in at least 1 of the following areas of domestic
violence service, prevention, or law:
``(A) The response of the criminal and civil
justice systems to domestic violence victims, which may
include the response to the use of the self-defense
plea by domestic violence victims and the issuance and
use of protective orders.
``(B) The response of child protective service
agencies to victims of domestic violence and their
dependents and child custody issues in domestic
violence cases.
``(C) The response of the interdisciplinary health
care system to victims of domestic violence and access
to health care resources for victims of domestic
violence.
``(D) The response of mental health systems,
domestic violence service programs, and other related
systems and programs to victims of domestic violence
and their children who are exposed to domestic
violence, or to victims of domestic violence with
mental illness.
``(E) In the case of 3 specific resource centers,
the response of domestic violence service providers to
victims of domestic violence who are members of racial
and ethnic minority groups, to enhance the cultural and
linguistic relevancy of service delivery, resource
utilization, policy, research, technical assistance,
community education, and prevention initiatives.
``(c) Training and Technical Assistance on Emerging Issues.--Under
subsection (a)(2)(B), the Secretary may award grants to support
training and technical assistance that respond to emerging issues in
the field of domestic violence that the Secretary may identify in
consultation with representatives from community-based domestic
violence service providers, State Domestic Violence Coalitions,
national domestic violence organizations, and culturally specific
services, including the provision of training and technical assistance
on the complex issues addressing emerging immigrant communities and
providing cross-cultural leadership development and training.
``(d) Eligibility.--
``(1) In general.--To be eligible to receive a grant under
subsection (b)(1)(A) or subparagraph (A), (B), (C), or (D) of
subsection (b)(2) and subsection (c), an entity shall be a
private nonprofit organization that focuses primarily on
domestic violence or is a public or private nonprofit education
institution that has a domestic violence institute, center, or
programs related to culturally specific issues in domestic
violence and that--
``(A) provides documentation to the Secretary
demonstrating experience working directly on issues of
domestic violence, and (in the case of an entity
seeking a grant under subsection (b)(2)) demonstrating
experience working directly in the corresponding
specific special issue area described in subsection
(b)(2);
``(B) includes on the entity's advisory board
representatives who are from domestic violence service
programs and who are geographically and culturally
diverse;
``(C) demonstrates the strong support of domestic
violence service programs from across the Nation for
the entity's designation as a national resource center
or a special issue resource center, as appropriate; and
``(D) demonstrates the capacity to act as a
nationwide resource center.
``(2) National indian resource center.--To be eligible to
receive a grant under subsection (b)(1)(B), an entity shall be
a private nonprofit, nongovernmental organization that focuses
primarily on issues of domestic violence within Indian tribes
and that submits documentation to the Secretary demonstrating--
``(A) experience working with Indian tribes and
tribal organizations to respond to domestic violence
and the findings of section 901 of the Violence Against
Women Department of Justice Reauthorization Act of 2005
(42 U.S.C. 3796gg-10 note);
``(B) experience providing Indian tribes with
assistance in developing tribally-based prevention and
intervention services addressing domestic violence and
safety for Indian women consistent with the purposes of
section 902 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42
U.S.C. 3796gg-10 note);
``(C) strong support for the entity's designation
as the National Indian Resource Center Addressing
Domestic Violence and Safety for Indian Women from
advocates working within Indian tribes to address
domestic violence and the safety of Indian women; and
``(D) a record of demonstrated effectiveness in
assisting Indian tribes with prevention and
intervention services addressing domestic violence.
``(3) Special issue resource centers concerned with racial
and ethnic minority groups.--To be eligible to receive a grant
under subsection (b)(2)(E), an entity shall be an entity that--
``(A) is a private nonprofit organization that
focuses primarily on issues of domestic violence in a
racial or ethnic community, or is a public or private
nonprofit educational institution that has a domestic
violence institute, center, or program related to
culturally specific issues in domestic violence; and
``(B)(i) has documented experience in the areas of
domestic violence prevention and services, and
experience relevant to the specific racial or ethnic
population to which information, training, technical
assistance, and outreach would be provided under the
grant;
``(ii) demonstrates the strong support of advocates
from across the Nation who are working to address
domestic violence;
``(iii) has a record of demonstrated effectiveness
in enhancing the cultural and linguistic relevancy of
service delivery;
``(iv) has an advisory board or steering committee
and staffing that are reflective of the targeted
community; and
``(v) demonstrates the capacity to act as a
nationwide resource center.
``(e) Reports and Evaluation.--Each entity receiving a grant under
this section shall submit a performance report to the Secretary
annually and in such manner as shall be reasonably required by the
Secretary. Such performance report shall describe the activities that
have been carried out with such grant funds, contain an evaluation of
the effectiveness of the activities, and provide such additional
information as the Secretary may reasonably require.
``SEC. 311. GRANTS TO STATE DOMESTIC VIOLENCE COALITIONS.
``(a) Grants.--The Secretary shall award grants for the funding of
State Domestic Violence Coalitions.
``(b) Allotment of Funds.--From the amount reserved under section
303 to carry out this section for a fiscal year, the Secretary shall
allot to each of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern Mariana Islands an
amount equal to \1/56\ of the total reserved amount.
``(c) Application.--Each coalition desiring a grant under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
determines to be essential to carry out the objectives of this section.
Only one State Domestic Violence Coalition, as defined in 302(10), may
be selected from each State. The application submitted by the coalition
for the grant shall provide documentation of the coalition's work,
satisfactory to the Secretary, demonstrating that the coalition--
``(1) meets all of the applicable requirements set forth in
this title; and
``(2) demonstrates the ability to appropriately conduct all
activities described in this section, as indicated by--
``(A) documented experience in administering
Federal grants to conduct the activities described in
subsection (d); or
``(B) a documented history of active participation
in the activities described in paragraphs (1), (3),
(4), and (5) of subsection (d) and a demonstrated
capacity to conduct the activities described in
subsection (d)(2).
``(d) Use of Funds.--A coalition that receives a grant under this
section shall use the grant funds for administration and operations to
further the purposes of domestic violence intervention and prevention,
through activities that--
``(1) shall include working with local domestic violence
service programs and providers of direct services to encourage
appropriate and comprehensive responses to domestic violence
against adults or youth within the State involved, including
providing training and technical assistance and conducting
State needs assessments;
``(2) shall include participating in planning and
monitoring the distribution of subgrants and subgrant funds
within the State under section 308(a);
``(3) shall include working in collaboration with service
providers and community-based organizations to address the
needs of adult and youth domestic violence and dating violence
victims, and their dependents, who are members of racial and
ethnic minority populations and underserved populations;
``(4) may include collaborating with and providing
information to entities in such fields as housing, health care,
mental health, social welfare, or business to support the
development and implementation of effective policies,
protocols, and programs that address the safety and support
needs of adult and youth victims of domestic violence;
``(5) may include working with judicial and law enforcement
agencies to encourage appropriate responses to cases of
domestic violence against adults or youth;
``(6) may include working with family law judges, criminal
court judges, child protective service agencies, and children's
advocates to develop appropriate responses to child custody and
visitation issues in cases of child exposure to domestic
violence and in cases in which both domestic violence and child
abuse are present; and
``(7) may include designing and conducting public education
campaigns regarding domestic violence against adults and youth,
that may provide information to the public about prevention of
domestic violence, including information targeted to
underserved populations.
``(e) Prohibition on Lobbying.--No funds made available to entities
under this section shall be used, directly or indirectly, to influence
the issuance, amendment, or revocation of any executive order or
similar promulgation by any Federal, State, or local agency, or to
undertake to influence the passage or defeat of any legislation by
Congress, or by any State or local legislative body, or State proposals
by initiative petition, except that the representatives of the entity
may testify or make other appropriate communication--
``(1) when formally requested to do so by a legislative
body, a committee, or a member of the body or committee; or
``(2) in connection with legislation or appropriations
directly affecting the activities of the entity.
``(f) Reports and Evaluation.--Each entity receiving a grant under
this section shall submit a performance report to the Secretary at such
time as shall be reasonably required by the Secretary. Such performance
report shall describe the activities that have been carried out with
such grant funds, contain an evaluation of the effectiveness of such
activities, and provide such additional information as the Secretary
may reasonably require.
``(g) Indian Representatives.--For purposes of this section, a
State Domestic Violence Coalition may include representatives of Indian
tribes and tribal organizations.
``SEC. 312. SPECIALIZED SERVICES FOR ABUSED PARENTS AND THEIR CHILDREN.
``(a) In General.--
``(1) Program.--The Secretary shall establish a grant
program to expand the capacity of family violence, domestic
violence, and dating violence service programs and community-
based programs to prevent future domestic and dating violence
by addressing the needs of children and youth exposed to
domestic violence.
``(2) Grants.--The Secretary may make grants to eligible
entities through the program established under paragraph (1)
for periods of not more than 3 years. If the Secretary
determines that an entity has received such a grant and been
successful in meeting the objectives of the grant application
submitted under subsection (c), the Secretary may renew the
grant for 1 additional period of not more than 3 years.
``(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be a local or domestic violence or dating
violence service provider or community-based organization with a
demonstrated record of serving victims of domestic violence and dating
violence and their children.
``(c) Application.--An entity seeking a grant under this section
shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may reasonably
require, including--
``(1) a description of how the entity will prioritize the
safety of, and confidentiality of information about, adult and
youth victims of domestic violence and their children;
``(2) a description of how the entity will provide
developmentally appropriate and age-appropriate services, and
linguistically and culturally appropriate services, to the
victims and children; and
``(3) a description of how the entity will ensure that
professionals working with the children receive the training
and technical assistance appropriate and relevant to the unique
needs of children exposed to domestic violence and address the
safety of the non-abusing parent, and support the parent or
caretaker's ongoing caregiving capacity.
``(d) Use of Funds.--An entity that receives a grant under this
section for a family violence, domestic violence, and dating violence
service or community-based program described in subsection (a)--
``(1) shall use the funds made available through the
grant--
``(A) to provide direct counseling, appropriate
services, or advocacy on behalf of victims of domestic
violence and their children, including coordinating
services with services provided by the child welfare
system or local law enforcement agencies;
``(B) to provide services for abused parents to
support those parents' roles as caregivers and their
roles in responding to the social, emotional, and
developmental needs of their children; and
``(C) where appropriate, to provide the services
described in this subsection while working with such an
abused parent and child together; and
``(2) may use the funds made available through the grant--
``(A) to provide early childhood development and
mental health services;
``(B) to coordinate activities with and provide
technical assistance to community-based organizations
serving victims of domestic violence or children
exposed to domestic violence;
``(C) to provide services including advocacy
efforts on behalf of victims of domestic violence and
dating violence and their minor children with respect
to issues related directly to domestic violence or
dating violence, including advocacy with the child
welfare system; and
``(D) to provide additional services and referrals
to services for children, including child care,
transportation, educational support, respite care,
supervised visitation, legal services or other
necessary services.
``(e) Reports and Evaluation.--Each entity receiving a grant under
this section shall submit a performance report to the Secretary at such
time as shall be reasonably required by the Secretary. Such performance
report shall describe the activities that have been carried out with
such grant funds, contain an evaluation of the effectiveness of such
activities, and provide such additional information as the Secretary
may reasonably require.
``SEC. 313. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
``(a) In General.--The Secretary--
``(1) shall award a grant to a nonprofit, nongovernmental
entity to provide for the establishment and operation of a 24-
hour national, toll-free telephone hotline to provide
information and assistance to adults and youth victims of
domestic violence and dating violence, family and household
members of such victims, and those collaterally affected by the
victimization; and
``(2) may award a grant to a nonprofit, nongovernmental
entity to provide for the establishment and operation of a 24-
hour national, toll-free helpline providing specialized
information and assistance to youth victims of domestic
violence and dating violence, family and household members of
such victims, and those collaterally affected by the
victimization.
``(b) Term.--The Secretary shall award grants under this section
for a period of not more than 5 years.
``(c) Annual Approval.--The provision of payments under a grant
awarded under this section shall be subject to annual approval by the
Secretary and subject to the availability of appropriations for each
fiscal year to make the payments.
``(d) Application.--To be eligible to receive a grant under this
section, an entity shall submit an application to the Secretary that
shall--
``(1) contain such agreements, assurances, and information,
be in such form, and be submitted in such manner, as the
Secretary shall prescribe;
``(2) demonstrate that the applicant has the technological
capacity to respond to the projected national hotline call or
electronic communication volume;
``(3) include a complete description of the applicant's
plan for the operation of a national domestic violence and
dating violence hotline or youth helpline, including
descriptions of--
``(A) the hiring criteria and qualifications for
personnel;
``(B) the training program for personnel, including
technology training to ensure that all persons
affiliated are able to effectively operate any
technological systems;
``(C) the methods for the creation, maintenance,
and updating of a comprehensive resource database;
``(D) a plan for publicizing the availability of
services to adults, youth, racial and ethnic
minorities, underserved populations, American Indians,
Alaska Native, older individuals, and individuals with
disabilities and impairments;
``(E) a plan for providing hotline services to
users with limited English proficiency; including
service through personnel who speak languages other
than English;
``(F) a plan for facilitating access to services by
persons with hearing impairments;
``(G) a comprehensive disaster preparedness and
recovery plan; and
``(H) a comprehensive privacy and confidentiality
policy that includes provisions for nondisclosure of
any personally identifying information or individual
information collected or received in connection with
services requested, utilized, or denied through such
grantee's program, including provisions that protect
personally identifying information or individual
information that may be collected, received, or
maintained in any form, including electronically;
``(4) demonstrate the ability to safely and securely
provide information and referrals for callers and electronic
communicators, directly connect hotline callers to service
providers, and appropriately link electronic communicators to
service providers;
``(5) demonstrate that the applicant has a commitment to
the provision of services to youth, racial and ethnic
minorities, underserved populations, American Indians, Alaska
Natives, older individuals, and individuals with disabilities
and impairments;
``(6) demonstrate that the applicant has recognized
expertise in the area of domestic violence and dating violence
and a record of high quality service to victims of domestic
violence and dating violence and--
``(A) in an application to provide national hotline
services under subsection (a)(1)--
``(i) demonstrate that the applicant has
the capacity to effectively operate a 24-hour
national, toll-free hotline that principally
serves victims of domestic violence and dating
violence;
``(ii) demonstrate that the primary purpose
of the applicant is to provide services to
victims of domestic violence and dating
violence or demonstrate a significant
collaboration with a nonprofit, nongovernmental
entity, the primary purpose of which is to
provide services to victims of domestic
violence or dating violence;
``(iii) demonstrate meaningful
collaboration in developing the application
with service providers, including coalitions,
with specialized expertise in serving youth,
racial and ethnic minorities, underserved
populations, American Indians, Alaska Natives,
older individuals, and individuals with
disabilities and impairments; and
``(iv) demonstrate support from domestic
violence and dating violence advocacy groups,
community-based service providers, and State or
tribal coalitions; or
``(B) in an application to provide national youth
helpline services under subsection (a)(2)--
``(i) demonstrate that the applicant has
the capacity to use innovative technological
approaches and methods of communication to
effectively operate a 24-hour national, toll-
free youth helpline that principally serves
youth victims of domestic violence and dating
violence;
``(ii) demonstrate that the primary purpose
of the applicant is to provide services to
youth victims of domestic violence and dating
violence or demonstrate significant
collaboration with a nonprofit, nongovernmental
entity, the primary purpose of which is to
provide services to youth victims of domestic
violence or dating violence;
``(iii) demonstrate meaningful
collaboration in developing the application
with service providers, including coalitions,
with specialized expertise in serving youth
from racial and ethnic minorities, underserved
populations, American Indian tribes, and Alaska
Native Villages; and
``(iv) demonstrate that the applicant has
support from various dating violence advocacy
groups, community-based youth service
providers, and state or tribal coalitions;
``(7) demonstrate that the applicant complies with
nondisclosure requirements as described in section 306(c)(5);
``(8) demonstrate a plan for developing and following
comprehensive quality assurance practices; and
``(9) contain such other information as the Secretary may
require.
``(e) Hotline and Helpline Activities.--
``(1) In general.--An entity that receives a grant under
subsection (a)(1) shall use funds made available through the
grant to establish and operate a 24-hour national, toll-free
telephone hotline to provide information and assistance to
adult and youth victims of domestic violence and dating
violence. An entity that receives a grant under subsection
(a)(2) shall use funds made available through the grant to
establish and operate a 24-hour national, toll-free helpline
providing specialized information and assistance to youth
victims of domestic violence and dating violence through the
use of innovative approaches and methods of communication that
effectively outreach to the particular interests and
perspectives of youth victims of domestic violence and dating
violence.
``(2) Required and authorized activities.--In operating the
hotline or youth helpline, the entity--
``(A) shall contract with a carrier for the use of
a toll-free telephone line and an internet service
provider that provides the capability to communicate
electronically, through text messaging, internet chat
or other innovative and appropriate methods of
communication while demonstrating due diligence to
assess and address the confidentiality and safety of
users;
``(B) shall employ, train (including technology
training), and supervise personnel to respond to
incoming requests for services, provide crisis
intervention, advocacy, and referral services on a 24-
hour-a-day basis, and directly connect hotline callers
to service providers or appropriately link electronic
communicators to service providers;
``(C) shall assemble and maintain a current and
comprehensive database of information relating to
services for adult and youth victims of domestic
violence and dating violence to which users may be
referred throughout the States, American Indian Tribes
and Alaska Native Villages, including information on
the availability of services for adult and youth
victims of domestic violence and dating violence;
``(D) shall provide assistance and referrals to
ethnic and racial minorities, persons with limited
English proficiency, individuals in underserved
populations, American Indian Tribes, Alaska Native
Villages, older individuals, and individuals with
disabilities and impairments, and shall maintain a
current resource database of specialized programs whose
primary purpose is providing competent services to
individuals from these populations;
``(E) shall publicize available services to
potential users throughout the States, including Tribal
communities and Alaska Native Villages;
``(F) may provide appropriate assistance and
referrals for family and household members of adult and
youth victims of domestic violence or dating violence
and those collaterally affected by the victimization;
``(G) at the discretion of the hotline or helpline
operator, may provide assistance or referrals to self-
identified adult and youth perpetrators of domestic
violence and dating violence, but shall not be required
to provide assistance or referrals in any circumstance
where the hotline or helpline operator suspects the
safety of a victim may be endangered; and
``(H) may collect and disseminate non-personally
identifying data about demographics, trends, unmet
needs, and other issues gathered from users in
compliance with section 306(c)(5).
``(f) Reports and Evaluation.--Entities receiving a grant under
this section shall submit a performance report to the Secretary at such
time as shall be reasonably required by the Secretary. Such performance
report shall describe the activities that have been carried out with
such grant funds, contain an evaluation of the effectiveness of such
activities, and provide such additional information as the Secretary
may reasonably require.
``SEC. 314. GRANTS FOR UNDERSERVED POPULATIONS.
``(a) Purpose.--It is the purpose of this section to provide for
the awarding of grants to assist communities in mobilizing and
organizing resources in support of effective and sustainable programs
that will address domestic violence and dating violence experienced by
adult and youth underserved populations, including racial and ethnic
minority individuals.
``(b) Authority To Award Grants.--The Secretary, acting through the
Family Violence Prevention and Services Program, shall award planning,
implementation, and evaluation grants to eligible entities to assist in
developing, implementing, and evaluating culturally and linguistically
appropriate, community-driven strategies to address domestic violence
and dating violence.
``(c) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall--
``(1) represent a collaboration--
``(A) whose principal purpose is to develop and
implement interventions and prevention strategies to
address domestic violence and dating violence in a
targeted underserved population in the community served
by the collaboration; and
``(B) that includes--
``(i) at least 3 members selected among--
``(I) at least one member from a
community-based organization with a
proven record of serving and
representing the targeted underserved
population in the community;
``(II) at least one member from a
local victim services program;
``(III) Indian tribes, American
Indian, Alaska Native tribal nonprofit
organizations, or national American
Indian organizations;
``(IV) community health centers;
and
``(V) nonprofit, nongovernmental
legal services programs that provide
specialized services for domestic
violence and dating violence victims;
and
``(2) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require, which shall include--
``(A) a description of the targeted underserved
population in the community to be served under the
grant;
``(B) a description of at least one access barrier
that exists in the underserved targeted population,
such as lack of--
``(i) awareness of domestic violence and
dating violence issues or dynamics;
``(ii) access to or awareness of domestic
violence and dating violence services and
responses; or
``(iii) linguistically or culturally
appropriate domestic violence and dating
violence services;
``(C) documentation that procedures have been
developed to ensure the grantees and subgrantees'
compliance with all grant conditions as described in
section 302(c); and
``(D) a demonstration of a proven record of
accomplishment of the collaboration members in serving
and working with the targeted community, or a written
commitment to developing such competence.
``(d) Planning Grants.--
``(1) In general.--The Secretary shall award one-time
grants to eligible entities described in subsection (c) to
support the planning and development of culturally and
linguistically appropriate programs that utilize community-
driven intervention and prevention strategies that address the
barriers to domestic violence and dating violence services,
raise awareness of domestic violence and dating violence and
promote community engagement in the prevention of domestic
violence and dating violence within the targeted underserved
population in the community to be served under the grant. Such
grants may be used to--
``(A) expand the collaboration that is represented
by the eligible entity through the identification of
additional partners, particularly among the targeted
community, and establish linkages with national, State,
tribal, or local public and private partners which may
include community health workers, advocacy, and policy
organizations;
``(B) establish community working groups;
``(C) conduct a needs assessment of the community
and targeted adult and youth underserved population to
determine what the barriers are to access and the
factors contributing to the barriers, using input from
the targeted community;
``(D) participate in workshops sponsored by the
Family Violence Prevention and Services Program for
technical assistance, evaluation, and other
programmatic issues;
``(E) use up to 5 percent of funds awarded under
this subsection to procure technical assistance from a
list of providers approved by the Family Violence
Prevention and Services Program;
``(F) identify promising intervention and
prevention strategies;
``(G) develop a plan with the input of the targeted
community that includes strategies for--
``(i) implementing intervention and
prevention strategies that have the greatest
potential for addressing the barriers to
accessing services, raising awareness of
domestic violence and dating violence, and
promoting community engagement in the
prevention of domestic violence and dating
violence within the targeted racial or ethnic
or other underserved population;
``(ii) identifying other sources of revenue
and integrating current and proposed funding
sources to ensure long-term sustainability of
the program; and
``(iii) evaluating the program, including
collecting data and measuring progress toward
addressing domestic violence and dating
violence or raising awareness of domestic
violence and dating violence in the targeted
racial or ethnic or other adult and youth
underserved population; and
``(H) conduct an evaluation of the planning and
development activities.
``(2) Duration.--The period during which payments may be
made under a grant under paragraph (1) shall not exceed 24
months, except where the Secretary determines that
extraordinary circumstances exist.
``(e) Implementation Grants.--
``(1) In general.--The Secretary shall award grants to
eligible entities that have received a planning grant under
subsection (d) to enable such entities to--
``(A) implement a plan including intervention
services or prevention strategies to address the
identified barrier or awareness issue or initiate the
community engagement strategy for the targeted adult
and youth underserved population, in an effective and
timely manner;
``(B) collect data appropriate for monitoring and
evaluating the program carried out under the grant;
``(C) analyze and interpret data, or collaborate
with academic or other appropriate institutions, for
such analysis and collection;
``(D) participate in conferences and workshops for
the purpose of informing and educating others regarding
the experiences and lessons learned from the project;
``(E) collaborate with appropriate partners to
publish the results of the project for the benefit of
other domestic violence and dating violence programs;
``(F) establish mechanisms with other public or
private groups to maintain financial support for the
program after the grant terminates;
``(G) develop policy initiatives for systems change
to address the barriers or awareness issue;
``(H) maintain relationships with local partners
and continue to develop new relationships with national
and State partners;
``(I) evaluate the implementation of the planned
activities above; and
``(J) use up to 5 percent of funds awarded under
this subsection to procure technical assistance from a
list of providers approved by the Family Violence
Prevention and Services Program.
``(2) Duration.--The period during which payments may be
made under a grant under paragraph (1) shall not exceed 5 years
with an extension up to 10 years total. Such payments shall be
subject to annual approval by the Secretary and to the
availability of appropriations for the fiscal year involved.
``(f) Evaluation Grants.--
``(1) In general.--The Secretary may award grants to
eligible entities that have received an implementation grant
under subsection (e) that require additional assistance for the
purpose of rigorous data analysis, program evaluation
(including process and outcome measures), or dissemination of
findings.
``(2) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to--
``(A) entities that in previous funding cycles--
``(i) have received a planning grant under
subsection (d); or
``(ii) implemented activities of the type
described in subsection (c)(1); and
``(B) entities that incorporate best practices or
build on successful models in their action plan,
including the use of community advocates.
``(g) Sustainability.--The Secretary shall give priority to an
eligible entity under this section if the entity agrees that, with
respect to the costs to be incurred by the entity in carrying out the
activities for which the grant was awarded, the entity (and each of the
participating partners in the collaboration represented by the entity)
will maintain its expenditures of non-Federal funds for such activities
at a level that is not less than the level of such expenditure during
the fiscal year immediately preceding the first fiscal year for which
the grant is awarded.
``(h) Nonsupplantation.--Federal funds shall be used to supplement
and not supplant other Federal, State, and local public funds expended
to provide services and activities that promote the purposes of this
title.
``(i) Technical Assistance, Evaluation and Monitoring.--
``(1) In general.--For purposes of this section--
``(A) up to 5 percent of the funds made available
under section 303(c) for each fiscal year may be used
by the Secretary for evaluation, monitoring and other
administrative costs under this section; and
``(B) up to 3 percent of the funds made available
under section 303(c) for each fiscal year may be used
by the Secretary for technical assistance.
``(2) Technical assistance provided by grantees.--The
Secretary shall enable grantees to share best practices,
evaluation results, and reports using the Internet,
conferences, and other pertinent information regarding the
projects funded by this section, including the outreach efforts
of the Family Violence Prevention and Services Program.
``(3) Reports and evaluation.--Each entity receiving funds
under this section shall file a performance report at such
times as requested by the Secretary describing the activities
that have been carried out with such grant funds and providing
such additional information as the Secretary may require.
``(j) Administrative Burdens.--The Secretary shall make every
effort to minimize duplicative or unnecessary administrative burdens on
the grantees.
``SEC. 315. DOMESTIC VIOLENCE PREVENTION ENHANCEMENT AND LEADERSHIP
THROUGH ALLIANCES (DELTA).
``(a) In General.--The Secretary shall provide grants to statewide
nonprofit organizations to establish and operate projects to engage in
primary prevention of domestic violence and dating violence including
violence committed by and against youth, using a coordinated community
response model and through prevention and education programs.
``(b) Term.--
``(1) In general.--The Secretary shall provide a grant or
enter into a cooperative agreement under this section for a
period of not more than 5 fiscal years.
``(2) Continuation of successful programs.--For grants that
are identified under this section and that are deemed by the
Secretary to be successful in meeting the objectives of the
initial grant solicitation, the Secretary may extend the
duration of those grants for up to 5 additional years beyond
their scheduled expiration without the requirement for a
recompetition. The Secretary may extend such grants for an
additional 5 years following a second review in accordance with
subsection (c), and the determination by the Secretary that the
objectives of the grant are being achieved. Grants awarded
before fiscal year 2009 may be extended further at the
discretion of the Secretary.
``(c) Eligibility.--To be eligible to receive a grant under this
section, an entity shall be a State Domestic Violence Coalition.
``(d) Applications.--An organization that desires to receive a
grant under this section shall--
``(1) submit to the Secretary an application, in such form
and in such manner as the Secretary shall prescribe, that
demonstrates the capacity of the applicant and partnering local
domestic violence service providers and community-based
organizations to undertake the project and contains such other
information, agreements, and assurances as the Secretary may
require;
``(2) demonstrate that applicants have experience in
providing, or the capacity to provide, prevention focused
training and technical assistance;
``(3) identify the means through which the populations in
the community to be served shall be selected;
``(4) demonstrate collaborative community initiatives to
prevent domestic violence and dating violence;
``(5) demonstrate that the applicant has a commitment to
diversity, and to the provision of services and outreach to
ethnic, racial, and non-English speaking minorities, victims
and children in underserved populations, and older individuals
and individuals with disabilities;
``(6) demonstrate the capacity of the applicant, who may
enter into a partnership with a local domestic violence service
provider or community-based organization, to undertake the
project involved; and
``(7) demonstrate that the applicant has the capacity to
monitor and fund local coordinated community responses.
``(e) Geographical Dispersion.--The Secretary shall provide grants
under this section to and enter into cooperative agreements under this
section with organizations in communities geographically dispersed
throughout the Nation.
``(f) Use of Funds.--
``(1) In general.--An entity that receives a grant under
subsection (a) shall use the funds made available through the
grant or agreement to establish and operate a community project
to coordinate services for the prevention of and intervention
in domestic violence and dating violence.
``(2) Technical assistance, evaluation and monitoring.--The
Secretary may use a portion of the funds provided under this
section to--
``(A) provide technical assistance;
``(B) monitor the performance of entities carrying
out activities under the grants or cooperative
agreements; and
``(C) conduct an independent evaluation of the
program carried out under this section.
``(3) Requirements.--In establishing and operating a
project under this section, an eligible entity shall develop,
replicate, or conduct domestic violence and dating violence
primary prevention programs that reduce risk factors and
promote protective factors that reduce the likelihood of
domestic violence and dating violence and shall--
``(A) use not more than 75 percent of awarded funds
to subcontract with local victim service providers and
community-based programs to develop and implement such
plans;
``(B) in the case of a new grantee, use at least
one and at most three years for planning and capacity
building without subcontracting as described above; and
``(C) use up to 8 percent of funds awarded under
this section to procure technical assistance from a
list of providers approved by the Secretary and peer-
to-peer technical assistance from other grantees under
this section.
The Secretary shall award funds in amounts (A) not less than
$200,000 per year and (B) not more than $1,000,000 per year.
``(g) Reports and Evaluation.--Each entity receiving a grant under
this section shall submit a performance report to the Secretary at such
time as shall be reasonably required by the Secretary. Such performance
report shall describe activities that have been carried out with the
funds made available through the grant, contain an evaluation of the
effectiveness of such activities, and provide such additional
information as the Secretary may reasonably require. The Secretary
shall make the evaluations received under this subsection publicly
available on the Department of Health and Human Services website. The
reports shall also be submitted to the Committee on Education and Labor
of the House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate.
``SEC. 316. GRANTS TO ENHANCE CULTURALLY AND LINGUISTICALLY SPECIFIC
SERVICES FOR RACIAL AND ETHNIC MINORITY GROUPS.
``(a) Establishment.--The Secretary of Health and Human Services,
through the Director of the Family Violence Prevention and Services
Program, shall award competitive grants to enhance culturally competent
services for adult and youth victims of domestic violence from racial
and ethnic minority groups.
``(b) Purposes.--
``(1) In general.--The purposes of the program authorized
by this section is to--
``(A) develop and support innovative culturally
competent community-based programs to enhance access to
shelter services or supportive services to further the
purposes of domestic violence and dating violence
intervention and prevention for individuals from racial
and ethnic minority groups who face obstacles to using
more traditional services and resources;
``(B) strengthen the capacity and further the
leadership development of individuals in racial and
ethnic minority groups to address domestic violence and
dating violence in their communities; and
``(C) address the needs of individuals within
racial and ethnic minority groups who are also
underserved as a result of disabilities, geographic
isolation, immigration status, age, or sexual
orientation, and other populations determined to be
underserved by the Secretary.
``(2) Use of funds.--
``(A) Funds awarded to eligible entities, as
described in subsection (c), shall be used to establish
or enhance domestic violence and dating violence
intervention and prevention efforts that address
distinctive culturally competent responses to domestic
violence and dating violence in racial and ethnic
minority groups.
``(B) In carrying out subparagraph (A), the
Secretary may award initial planning and capacity
building grants to those eligible entities that are
establishing new culturally competent programs.
``(C) The Secretary shall ensure that awards are
made, to the extent practical, only on a competitive
basis, and that a grant is awarded for a proposal only
if the proposal has been recommended for such an award
through a process of peer review.
``(D) Not more than 3 percent of the funds reserved
under section 303(a)(3)(A)(v) for any fiscal year shall
be available for technical assistance to be used by the
grantees to access training and technical assistance
from organizations that are on a list of providers
approved by the Director to provide training and
technical assistance regarding the provision of
effective culturally competent, community-based
services for racial and ethnic minority groups.
``(E) Not more than 2 percent of the funds reserved
under section 303(a)(3)(A)(v) for any fiscal year shall
be available to the Director for training and technical
assistance for grantees.
``(3) Technical assistance and training.--The Secretary
shall develop a list of approved technical assistance providers
having a demonstrated expertise in and whose primary purpose is
addressing the development and provision of culturally
competent community-based services to victims of domestic
violence and dating violence from the targeted populations to
provide training and technical assistance for grantees.
``(c) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall--
``(1) be a private nonprofit, nongovernmental organization
that is--
``(A) a community-based organization whose primary
purpose is providing culturally competent services to
victims of domestic violence or dating violence from
racial and ethnic minority groups; or
``(B) a local domestic violence or dating violence
organization that has developed or intends to develop a
specific program to provide culturally and
linguistically specific services to victims of domestic
violence and dating violence from racial and ethnic
minority groups that has previously established or
intends to establish a partnership with a community-
based organization whose primary purpose is providing
culturally competent services to victims of domestic
violence and dating violence from racial and ethnic
minority groups; and
``(C) a community-based organization whose primary
purpose is providing culturally competent services to
individuals from racial and ethnic minority groups that
can partner with an organization having demonstrated
expertise in serving victims of domestic violence and
dating violence; and
``(2) have an advisory board or steering committee and
staffing which is reflective of the targeted minority group.
``(d) Cultural Competency of Services.--The Secretary shall ensure
that information and services provided pursuant to this section are
provided in the language, educational, and cultural context that is
most appropriate for the individuals for whom the information and
services are intended.
``(e) Grant Period.--The Secretary shall award grants for a 3-year
period.
``(f) Nonexclusivity.--Nothing in this section shall be interpreted
to exclude linguistic and culturally specific community-based
organizations or programs from applying for other sources of funding
available through this Act.
``(g) Reports and Evaluation.--Each entity receiving funds under
this section shall file a performance report at such times as requested
by the Secretary describing the activities that have been carried out
with such grant funds and providing such additional information as the
Secretary may require.''.
SEC. 3. SAFE HAVENS FOR CHILDREN.
(a) In General.--Section 1301 of the Victims of Trafficking and
Violence Protection Act of 2000 (42 U.S.C. 10420) is transferred to the
end of subtitle L of the Violence Against Women Act of 1994 (42 U.S.C.
14043c et seq.) and redesignated as section 41205 of the Violence
Against Women Act of 1994.
(b) Clerical Amendments.--
(1) In general.--The table of contents for the Violence
Against Women Act of 1994 is amended by inserting after the
item relating to section 41204 the following:
``Sec. 41205. Safe havens for children.''.
(2) Repeal.--The table of contents for the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law
106-386) is amended by striking the item relating to section
1301.
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