
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10410]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 110--FAMILY VIOLENCE PREVENTION AND SERVICES
 
Sec. 10410. Grants for State domestic violence coalitions


(a) In general

    The Secretary shall award grants for the funding of State domestic 
violence coalitions. Such coalitions shall further the purposes of 
domestic violence intervention and prevention through activities, 
including--
        (1) working with local domestic violence programs and providers 
    of direct services to encourage appropriate responses to domestic 
    violence within the State, including--
            (A) training and technical assistance for local programs and 
        professionals working with victims of domestic violence;
            (B) planning and conducting State needs assessments and 
        planning for comprehensive services;
            (C) serving as an information clearinghouse and resource 
        center for the State; and
            (D) collaborating with other governmental systems which 
        affect battered women;

        (2) working with judicial and law enforcement agencies to 
    encourage appropriate responses to domestic violence cases and 
    examine issues including--
            (A) the inappropriateness of mutual protection orders;
            (B) the prohibition of mediation when domestic violence is 
        involved;
            (C) the use of mandatory arrests of accused offenders;
            (D) the discouragement of dual arrests;
            (E) the adoption of aggressive and vertical prosecution 
        policies and procedures;
            (F) the use of mandatory requirements for presentence 
        investigations;
            (G) the length of time taken to prosecute cases or reach 
        plea agreements;
            (H) the use of plea agreements;
            (I) the consistency of sentencing, including comparisons of 
        domestic violence crimes with other violent crimes;
            (J) the restitution of victims;
            (K) the use of training and technical assistance to law 
        enforcement, judges, court officers and other criminal justice 
        professionals,; \1\
---------------------------------------------------------------------------
    \1\ So in original.
---------------------------------------------------------------------------
            (L) the reporting practices of, and significance to be 
        accorded to, prior convictions (both felony and misdemeanor) and 
        protection orders;
            (M) the use of interstate extradition in cases of domestic 
        violence crimes;
            (N) the use of statewide and regional planning; and
            (O) any other matters as the Secretary and the State 
        domestic violence coalitions believe merit investigations;

        (3) work with family law judges,,\1\ criminal court judges, 
    Child Protective Services agencies, and children's advocates to 
    develop appropriate responses to child custody and visitation issues 
    in domestic violence cases as well as cases where domestic violence 
    and child abuse are both present, including--
            (A) the inappropriateness of mutual protection orders;
            (B) the prohibition of mediation where domestic violence is 
        involved;
            (C) the inappropriate use of marital or conjoint counseling 
        in domestic violence cases;
            (D) the use of training and technical assistance for family 
        law judges, criminal court judges, and court personnel;
            (E) the presumption of custody to domestic violence victims;
            (F) the use of comprehensive protection orders to grant 
        fullest protections possible to victims of domestic violence, 
        including temporary custody support and maintenance;
            (G) the development by Child Protective Service of 
        supportive responses that enable victims to protect their 
        children;
            (H) the implementation of supervised visitations or denial 
        of visitation to protect against danger to victims or their 
        children; and
            (I) the possibility of permitting domestic violence victims 
        to remove children from the State when the safety of the 
        children or the victim is at risk;

        (4) conduct public education campaigns regarding domestic 
    violence through the use of public service announcements and 
    informative materials that are designed for print media, billboards, 
    public transit advertising, electronic broadcast media, and other 
    vehicles for information that shall inform the public concerning 
    domestic violence, including information aimed at underserved 
    racial, ethnic or language-minority populations; and
        (5) participate in planning and monitoring of the distribution 
    of grants and grant funds to their State under section 10402(a) of 
    this title.

(b) Eligibility

    To be eligible for a grant under this section, an entity shall be a 
statewide nonprofit State domestic violence coalition meeting the 
following conditions:
        (1) The membership of the coalition includes representatives 
    from a majority of the programs for victims of domestic violence in 
    the State.
        (2) The board membership of the coalition is representative of 
    such programs.
        (3) The purpose of the coalition is to provide services, 
    community education, and technical assistance to such programs to 
    establish and maintain shelter and related services for victims of 
    domestic violence and their children.
        (4) In the application submitted by the coalition for the grant, 
    the coalition provides assurances satisfactory to the Secretary that 
    the coalition--
            (A) has actively sought and encouraged the participation of 
        law enforcement agencies and other legal or judicial entities in 
        the preparation of the application; and
            (B) will actively seek and encourage the participation of 
        such entities in the activities carried out with the grant.

(c) Allotment of funds

    From amounts appropriated under this section for each fiscal year, 
the Secretary shall allot to each State, the District of Columbia, the 
Commonwealth of Puerto Rico, and the combined U.S. Territories an amount 
equal to \1/53\ of the amount appropriated for such fiscal year. For 
purposes of this section, the term ``combined U.S. Territories'' means 
Guam, American Samoa, the U.S. Virgin Islands, the Northern Mariana 
Islands, and the Trust Territory of the Pacific Islands and shall not 
receive less than 1.5 percent of the funds appropriated for each fiscal 
year.

(d) Prohibition on lobbying

    No funds made available to entities under this section shall be 
used, directly or indirectly, to influence the issuance, amendment, or 
revocation of any executive order or similar promulgation by any 
Federal, State or local agency, or to undertake to influence the passage 
or defeat of any legislation by Congress, or by any State or local 
legislative body, or State proposals by initiative petition, except that 
the representatives of the entity may testify or make other appropriate 
communication--
        (1) when formally requested to do so by a legislative body, a 
    committee, or a member thereof; or
        (2) in connection with legislation or appropriations directly 
    affecting the activities of the entity.

(e) Reporting

    Each State domestic violence coalition receiving amounts under this 
section shall submit a report to the Secretary describing the 
coordination, training and technical assistance and public education 
services performed with such amounts and evaluating the effectiveness of 
those services.

(f) Definition

    For purposes of this section, a State domestic violence coalition 
may include representatives of Indian tribes and tribal organizations, 
as defined in section 450b of title 25.

(g) Authorization of appropriations

    There are authorized to be appropriated to be used to award grants 
under this section $8,000,000 for fiscal year 1992, and such sums as may 
be necessary for each of the fiscal years 1993 through 1995.

(h) Regulations

    Not later than 90 days after May 28, 1992, the Secretary shall 
publish proposed regulations implementing this section. Not later than 
120 days after May 28, 1992, the Secretary shall publish final 
regulations implementing this section.

(Pub. L. 98-457, title III, Sec. 311, Oct. 9, 1984, 98 Stat. 1763; Pub. 
L. 100-294, title III, Sec. 303(b), Apr. 25, 1988, 102 Stat. 125; Pub. 
L. 102-295, title III, Sec. 317, May 28, 1992, 106 Stat. 206; Pub. L. 
103-322, title IV, Sec. 40272(c), Sept. 13, 1994, 108 Stat. 1938.)

                          Codification

    May 28, 1992, referred to in subsec. (h), was in the original ``the 
date of enactment of this section'' and ``such date of enactment'', 
which were translated as meaning the date of enactment of Pub. L. 102-
295, which amended this section generally, to reflect the probable 
intent of Congress.


                               Amendments

    1994--Subsec. (a)(1). Pub. L. 103-322, Sec. 40272(c)(2), added par. 
(1). Former par. (1) redesignated (2).
    Subsec. (a)(2). Pub. L. 103-322, Sec. 40272(c)(1), redesignated par. 
(1) as (2). Former par. (2) redesignated (3).
    Subsec. (a)(2)(K). Pub. L. 103-322, Sec. 40272(c)(3), substituted 
``, judges, court officers and other criminal justice professionals,'' 
for ``and court officials and other professionals''.
    Subsec. (a)(3). Pub. L. 103-322, Sec. 40272(c)(1), (4)(A), 
redesignated par. (2) as (3) and inserted ``, criminal court judges,'' 
after ``family law judges,'' in introductory provisions. Former par. (3) 
redesignated (4).
    Subsec. (a)(3)(D). Pub. L. 103-322, Sec. 40272(c)(4)(A), which 
directed the amendment of par. (3) ``by inserting `, criminal court 
judges,' after `family law judges,' each place it appears'', was 
executed by making the insertion after ``family law judges'' in subpar. 
(D) to reflect the probable intent of Congress.
    Subsec. (a)(3)(F). Pub. L. 103-322, Sec. 40272(c)(4)(B), substituted 
``temporary custody support'' for ``temporary support''.
    Subsec. (a)(3)(H). Pub. L. 103-322, Sec. 40272(c)(4)(C), which 
directed the substitution of ``supervised visitations or denial of 
visitation to protect against danger to victims or their children'' for 
``supervised visitations that do not endanger victims and their 
children,'', was executed by making the substitution for ``supervised 
visitations that do not endanger victims and their children'' to reflect 
the probable intent of Congress.
    Subsec. (a)(4). Pub. L. 103-322, Sec. 40272(c)(1), (5), redesignated 
par. (3) as (4) and inserted before semicolon ``, including information 
aimed at underserved racial, ethnic or language-minority populations''. 
Former par. (4) redesignated (5).
    Subsec. (a)(5). Pub. L. 103-322, Sec. 40272(c)(1), redesignated par. 
(4) as (5).
    1992--Pub. L. 102-295 amended section generally, substituting 
provisions relating to grants for State domestic violence coalitions for 
provisions relating to law enforcement training and technical assistance 
grants and contracts.
    1988--Subsec. (b)(2). Pub. L. 100-294 added par. (2).

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

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