Text: H.R.4116 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Introduced in House (11/19/2009)


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 IIIFamily 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 156 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.