42 U.S.C. § 10401

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Section 10401 - Short title; purpose
(a) Short title

This chapter may be cited as the "Family Violence Prevention and Services Act".

(b) Purpose

It is the purpose of this chapter to-

(1) assist States and Indian tribes in efforts to increase public awareness about, and primary and secondary prevention of, family violence, domestic violence, and dating violence;
(2) assist States and Indian tribes in efforts to provide immediate shelter and supportive services for victims of family violence, domestic violence, or dating violence, and their dependents;
(3) provide for a national domestic violence hotline;
(4) provide for technical assistance and training relating to family violence, domestic violence, and dating violence programs to States and Indian tribes, local public agencies (including law enforcement agencies, courts, and legal, social service, and health care professionals in public agencies), nonprofit private organizations (including faith-based and charitable organizations, community-based organizations, and voluntary associations), tribal organizations, and other persons seeking such assistance and training.

42 U.S.C. § 10401

Pub. L. 98-457, title III, §301, as added Pub. L. 111-320, title II, §201, Dec. 20, 2010, 124 Stat. 3484.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 10401, Pub. L. 98-457, title III, §302, Oct. 9, 1984, 98 Stat. 1757; Pub. L. 102-295, title III, §302, May 28, 1992, 106 Stat. 201; Pub. L. 108-36, title IV, §415(1), June 25, 2003, 117 Stat. 830, related to declaration of purpose, prior to the general amendment of this chapter by Pub. L. 111-320. See subsec. (b) of this section.A prior section 301 of Pub. L. 98-457, title III, Oct. 9, 1984, 98 Stat. 1757, provided a short title for title III of Pub. L. 98-457 and was set out as a note under former section 10401 of this title, prior to the general amendment of this chapter by Pub. L. 111-320.

STATUTORY NOTES AND RELATED SUBSIDIARIES

PROGRAMS FOR SURVIVORS OF SEXUAL ASSAULT AND DOMESTIC VIOLENCE Pub. L. 117-2, title II, §2204(b)-(d), Mar. 11, 2021, 135 Stat. 34, 35, provided that:"(b) COVID-19 PUBLIC HEALTH EMERGENCY DEFINED.-In this section [amending section 10403 of this title], the term 'COVID-19 public health emergency' means the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19, including any renewal of the declaration. "(c) GRANTS TO SUPPORT CULTURALLY SPECIFIC POPULATIONS.- "(1) IN GENERAL.-In addition to amounts otherwise made available, there is appropriated, out of any amounts in the Treasury not otherwise appropriated, to the Secretary of Health and Human Services (in this section referred to as the 'Secretary'), $49,500,000 for fiscal year 2021, to be available until expended, to carry out this subsection (excluding Federal administrative costs, for which funds are appropriated under subsection (e))."(2) USE OF FUNDS.-From amounts appropriated under paragraph (1), the Secretary acting through the Director of the Family Violence Prevention and Services Program, shall-"(A) support culturally specific community-based organizations to provide culturally specific activities for survivors of sexual assault and domestic violence, to address emergent needs resulting from the COVID-19 public health emergency and other public health concerns; and"(B) support culturally specific community-based organizations that provide culturally specific activities to promote strategic partnership development and collaboration in responding to the impact of COVID-19 and other public health concerns on survivors of sexual assault and domestic violence."(d) GRANTS TO SUPPORT SURVIVORS OF SEXUAL ASSAULT.-"(1) IN GENERAL.-In addition to amounts otherwise made available, there is appropriated, out of any amounts in the Treasury not otherwise appropriated, to the Secretary, $198,000,000 for fiscal year 2021, to be available until expended, to carry out this subsection (excluding Federal administrative costs, for which funds are appropriated under subsection (e))."(2) USE OF FUNDS.-From amounts appropriated under paragraph (1), the Secretary acting through the Director of the Family Violence Prevention and Services Program, shall assist rape crisis centers in transitioning to virtual services and meeting the emergency needs of survivors."

STUDY OF TRAINING NEEDS OF HEALTH PROFESSIONALS Pub. L. 105-392, title IV, §407(b), Nov. 13, 1998, 112 Stat. 3589, related to study by the Institute of Medicine concerning the training needs of health professionals with respect to the detection and referral of victims of family or acquaintance violence and required the Institute to submit a report to Congress concerning such study not later than 2 years after Nov. 13, 1998.

family violence
The term "family violence" means any act or threatened act of violence, including any forceful detention of an individual, that-(A) results or threatens to result in physical injury; and(B) is committed by a person against another individual (including an elderly individual) to or with whom such person-(i) is related by blood;(ii) is or was related by marriage or is or was otherwise legally related; or(iii) is or was lawfully residing.
shelter
The term "shelter" means the provision of temporary refuge and supportive services in compliance with applicable State law (including regulation) governing the provision, on a regular basis, of shelter, safe homes, meals, and supportive services to victims of family violence, domestic violence, or dating violence, and their dependents.
supportive services
The term "supportive services" means services for adult and youth victims of family violence, domestic violence, or dating violence, and dependents 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 dependents, for short-term, transitional, or long-term safety; and(B) provide counseling, advocacy, or assistance for victims of family violence, domestic violence, or dating violence, and their dependents.
Director
the term "Director" means the Chief Executive Officer of the Corporation for National and Community Service,
Secretary
the term "Secretary" means- (A) the Secretary of Education for purposes of subtitle A (other than section 3201),(B) the Secretary of Agriculture for purposes of the amendments made by section 3201, and(C) the Secretary of Health and Human Services for purposes of subtitle B,