42 U.S.C. § 10410 — National resource centers and training

Page 8063 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10410 1 See References in Text note below. (Pub. L. 98–457, title III, § 309, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3496.) Editorial Notes REFERENCES IN TEXT Executive Order No. 13175, referred to in subsec. (a), was set out as a note under section 450 of Title 25, Indi- ans, prior to editorial reclassification as a note under section 5301 of Title 25. PRIOR PROVISIONS A prior section 10409, Pub. L. 98–457, title III, § 310, Oct. 9, 1984, 98 Stat. 1763; Pub. L. 100–294, title III, § 301, Apr. 25, 1988, 102 Stat. 124; Pub. L. 102–295, title III, § 316, May 28, 1992, 106 Stat. 206; Pub. L. 103–322, title IV, § 40241, Sept. 13, 1994, 108 Stat. 1934; Pub. L. 104–235, title II, § 203, Oct. 3, 1996, 110 Stat. 3089; Pub. L. 106–386, div. B, title II, § 1202(a), Oct. 28, 2000, 114 Stat. 1505; Pub. L. 108–36, title IV, § 406(a), (b), June 25, 2003, 117 Stat. 827, related to authorization of appropriations, prior to the general amendment of this chapter by Pub. L. 111–320. See section 10403 of this title. A prior section 309 of Pub. L. 98–457 was renumbered section 320 and transferred to section 10421 of this title prior to the general amendment of this chapter by Pub. L. 111–320. § 10410. National resource centers and training and technical assistance centers (a) Purpose and grants authorized (1) Purpose The purpose of this section is to provide re- source information, training, and technical as- sistance relating to the objectives of this chapter to improve the capacity of individ- uals, organizations, governmental entities, and communities to prevent family violence, domestic violence, and dating violence and to provide effective intervention services. (2) Grants authorized From the amounts appropriated under this chapter and reserved under section 10403(a)(2)(C) of this title, the Secretary— (A) shall award grants to eligible entities for the establishment and maintenance of— (i) 2 national resource centers (as pro- vided for in subsection (b)(1)); and (ii) at least 7 special issue resource cen- ters addressing key areas of domestic vio- lence, and intervention and prevention (as provided for in subsection (b)(2)); and (B) may award grants, to— (i) State resource centers to reduce dis- parities in domestic violence in States with high proportions of Indian (including Alaska Native) or Native Hawaiian popu- lations (as provided for in subsection (b)(3)); and (ii) support training and technical assist- ance that address emerging issues related to family violence, domestic violence, or dating violence, to entities demonstrating related expertise. (b) Domestic violence resource centers (1) National resource centers In accordance with subsection (a)(2), the Secretary shall award grants to eligible enti- ties for— (A) a National Resource Center on Domes- tic Violence, which shall— (i) offer a comprehensive array of tech- nical assistance and training resources to Federal, State, and local governmental agencies, domestic violence service pro- viders, community-based organizations, and other professionals and interested par- ties, related to domestic violence service programs and research, including pro- grams and research related to victims and their children who are exposed to domestic violence; and (ii) maintain a central resource library in order to collect, prepare, analyze, and disseminate information and statistics re- lated to— (I) the incidence and prevention of family violence and domestic violence; and (II) the provision of shelter, supportive services, and prevention services to adult and youth victims of domestic vio- lence (including services to prevent re- peated incidents of violence); and (B) a National Indian Resource Center Ad- dressing Domestic Violence and Safety for Indian Women, which shall— (i) offer a comprehensive array of tech- nical assistance and training resources to Indian tribes and tribal organizations, spe- cifically 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 Reauthoriza- tion Act of 2005 (42 U.S.C. 3796gg–10 note); 1 (ii) enhance the intervention and preven- tion efforts of Indian tribes and tribal or- ganizations to respond to domestic vio- lence and increase the safety of Indian women in support of the purposes of sec- tion 902 of the Violence Against Women and Department of Justice Reauthoriza- tion Act of 2005 [42 U.S.C. 3796gg–10 note]; 1 and (iii) coordinate activities with other Federal agencies, offices, and grantees that address the needs of Indians (includ- ing Alaska Natives), and Native Hawaiians that experience domestic violence, includ- ing the Office of Justice Services at the Bureau of Indian Affairs, the Indian Health Service of the Department of Health and Human Services, and the Office on Vio- lence Against Women of the Department of Justice. (2) Special issue resource centers In accordance with subsection (a)(2)(A)(ii), the Secretary shall award grants to eligible entities for special issue resource centers, which shall be national in scope and shall pro- vide information, training, and technical as- sistance to State and local domestic violence service providers. Each special issue resource center shall focus on enhancing domestic vio- lence intervention and prevention efforts in at least one of the following areas: (A) The response of the criminal and civil justice systems to domestic violence vic- Page 8064 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10410 tims, which may include the response to the use of the self-defense plea by domestic vio- lence 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 sys- tems, domestic violence service programs, and other related systems and programs to victims of domestic violence and to their children who are exposed to domestic vio- lence. (E) In the case of 3 specific resource cen- ters, enhancing domestic violence interven- tion and prevention efforts for victims of do- mestic violence who are members of racial and ethnic minority groups, to enhance the cultural and linguistic relevancy of service delivery, resource utilization, policy, re- search, technical assistance, community education, and prevention initiatives. (3) State resource centers to reduce tribal dis- parities (A) In general In accordance with subsection (a)(2), the Secretary may award grants to eligible enti- ties for State resource centers, which shall provide statewide information, training, and technical assistance to Indian tribes, tribal organizations, and local domestic violence service organizations serving Indians (in- cluding Alaska Natives) or Native Hawai- ians, in a culturally sensitive and relevant manner. (B) Requirements An eligible entity shall use a grant pro- vided under this paragraph— (i) to offer a comprehensive array of technical assistance and training re- sources to Indian tribes, tribal organiza- tions, and providers of services to Indians (including Alaska Natives) or Native Ha- waiians, specifically designed to enhance the capacity of the tribes, organizations, and providers to respond to domestic vio- lence, including offering the resources in States in which the population of Indians (including Alaska Natives) or Native Ha- waiians exceeds 2.5 percent of the total population of the State; (ii) to coordinate all projects and activi- ties with the national resource center de- scribed in paragraph (1)(B), including projects and activities that involve work- ing with nontribal State and local govern- ments to enhance their capacity to under- stand the unique needs of Indians (includ- ing Alaska Natives) and Native Hawaiians; and (iii) to provide comprehensive commu- nity education and domestic violence pre- vention initiatives in a culturally sen- sitive and relevant manner. (c) Eligibility (1) In general To be eligible to receive a grant under sub- section (b)(1)(A) or subparagraph (A), (B), (C), or (D) of subsection (b)(2), an entity shall be a nonprofit private organization that focuses primarily on domestic violence and that— (A) provides documentation to the Sec- retary demonstrating experience working di- rectly 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 spe- cific special issue area described in sub- section (b)(2); (B) includes on the entity’s advisory board representatives who are from domestic vio- lence service programs and who are geo- graphically and culturally diverse; and (C) demonstrates the strong support of do- mestic violence service programs from across the Nation for the entity’s designa- tion as a national resource center or a spe- cial issue resource center, as appropriate. (2) National Indian Resource Center To be eligible to receive a grant under sub- section (b)(1)(B), an entity shall be a tribal or- ganization or a nonprofit private organization that focuses primarily on issues of domestic violence within Indian tribes and that submits documentation to the Secretary dem- onstrating— (A) experience working with Indian tribes and tribal organizations to respond to do- mestic violence and the findings of section 901 of the Violence Against Women and De- partment of Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg–10 note); 1 (B) experience providing Indian tribes and tribal organizations with assistance in de- veloping tribally-based prevention and inter- vention services addressing domestic vio- lence and safety for Indian women con- sistent with the purposes of section 902 of the Violence Against Women and Depart- ment of Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg–10 note); 1 (C) strong support for the entity’s designa- tion as the National Indian Resource Center Addressing Domestic Violence and Safety for Indian Women from advocates working within Indian tribes to address domestic vio- lence and the safety of Indian women; (D) a record of demonstrated effectiveness in assisting Indian tribes and tribal organi- zations with prevention and intervention services addressing domestic violence; and (E) the capacity to serve Indian tribes (in- cluding Alaska Native villages and regional and village corporations) across the United States. (3) Special issue resource centers concerned with racial and ethnic minority groups To be eligible to receive a grant under sub- section (b)(2)(E), an entity shall be an entity that— (A) is a nonprofit private organization that focuses primarily on issues of domestic vio- lence in a racial or ethnic community, or is Page 8065 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10411 a public or private nonprofit educational in- stitution that has a domestic violence insti- tute, center, or program related to cul- turally 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 spe- cific racial or ethnic population to which in- formation, training, technical assistance, and outreach would be provided under the grant; (ii) demonstrates the strong support, of ad- vocates from across the Nation who are working to address domestic violence; and (iii) has a record of demonstrated effec- tiveness in enhancing the cultural and lin- guistic relevancy of service delivery. (4) State resource centers to reduce tribal dis- parities To be eligible to receive a grant under sub- section (b)(3), an entity shall— (A)(i) be located in a State in which the population of Indians (including Alaska Na- tives) or Native Hawaiians exceeds 10 per- cent of the total population of the State; or (ii) be an Indian tribe, tribal organization, or Native Hawaiian organization that fo- cuses primarily on issues of domestic vio- lence among Indians or Native Hawaiians, or an institution of higher education; and (B) demonstrate the ability to serve all re- gions of the State, including underdeveloped areas and areas that are geographically dis- tant from population centers. (d) Reports and evaluation Each entity receiving a grant under this sec- tion 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 in- formation as the Secretary may reasonably re- quire. (Pub. L. 98–457, title III, § 310, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3497.) Editorial Notes REFERENCES IN TEXT Sections 901 and 902 of the Violence Against Women and Department of Justice Reauthorization Act of 2005, referred to in subsecs. (b)(1)(B)(i), (ii) and (c)(2)(A), (B), are sections 901 and 902, respectively, of Pub. L. 109–162, which were set out as a note under section 3796gg–10 of this title, prior to editorial reclassification as a note under section 10452 of Title 34, Crime Control and Law Enforcement. PRIOR PROVISIONS A prior section 10410, Pub. L. 98–457, title III, § 311, Oct. 9, 1984, 98 Stat. 1763; Pub. L. 100–294, title III, § 303(b), Apr. 25, 1988, 102 Stat. 125; Pub. L. 102–295, title III, § 317, May 28, 1992, 106 Stat. 206; Pub. L. 103–322, title IV, § 40272(c), Sept. 13, 1994, 108 Stat. 1938; Pub. L. 108–36, title IV, §§ 406(c), 407, 415(6), June 25, 2003, 117 Stat. 827, 830, related to grants for State domestic violence coali- tions, prior to the general amendment of this chapter by Pub. L. 111–320. See section 10411 of this title. A prior section 310 of Pub. L. 98–457 was classified to section 10409 of this title prior to the general amend- ment of this chapter by Pub. L. 111–320. § 10411. Grants to State Domestic Violence Coali- tions (a) Grants The Secretary shall award grants for the fund- ing of State Domestic Violence Coalitions. (b) Allotment of funds (1) In general From the amount appropriated under sec- tion 10403(a)(2)(D) of this title for each fiscal year, the Secretary shall allot to each of the 50 States, the District of Columbia, the Com- monwealth of Puerto Rico, and each of the covered territories an amount equal to 1⁄56 of the amount so appropriated for such fiscal year. (2) Definition For purposes of this subsection, the term ‘‘covered territories’’ means Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (c) Application Each State Domestic Violence Coalition desir- ing a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary determines to be essential to carry out the objectives of this section. The ap- plication submitted by the coalition for the grant shall provide documentation of the coali- tion’s work, satisfactory to the Secretary, dem- onstrating that the coalition— (1) meets all of the applicable requirements set forth in this chapter; and (2) demonstrates the ability to conduct ap- propriately all activities described in this sec- tion, as indicated by— (A) documented experience in admin- istering Federal grants to conduct the ac- tivities described in subsection (d); or (B) a documented history of active partici- pation in the activities described in para- graphs (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 administra- tion and operations to further the purposes of family violence, domestic violence, and dating violence intervention and prevention, through activities that shall include— (1) working with local family violence, do- mestic violence, and dating violence service programs and providers of direct services to encourage appropriate and comprehensive re- sponses to family violence, domestic violence, and dating violence against adults or youth within the State involved, including providing training and technical assistance and con- ducting State needs assessments; (2) participating in planning and monitoring the distribution of subgrants and subgrant funds within the State under section 10408(a) of this title;