42 U.S.C. § 10401 — Short title; purpose

Page 8053 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10401 National Weather Service Weather Forecast Offices. (c) Total water prediction The Under Secretary, acting through the Di- rector of the Office of Water Prediction of the National Weather Service, shall— (1) initiate and lead research and develop- ment activities to develop operational water resource prediction and related decision sup- port products; (2) collaborate with, and provide decision support regarding total water prediction to— (A) the relevant Federal agencies rep- resented on the National Science and Tech- nology Council, Committee on Environment, Natural Resources, and Sustainability and the Subcommittee on Disaster Reduction; (B) State water resource agencies; and (C) State and local emergency manage- ment agencies; and (3) in carrying out the responsibilities de- scribed in paragraphs (1) and (2), collabo- ratively develop capabilities necessary for total water predictive capacity, including ob- servations, modeling, data management, supercomputing, social science, and commu- nications. (d) Authorization of appropriations There are authorized to be appropriated to carry out the activities under this section amounts as follows: (1) $44,500,000 for fiscal year 2021. (2) $45,000,000 for fiscal year 2022. (3) $45,500,000 for fiscal year 2023. (4) $46,000,000 for fiscal year 2024. (e) Derivation of funds Funds to carry out this section shall be de- rived from amounts authorized to be appro- priated to the National Weather Service and the National Ocean Service that are enacted after December 31, 2020. (Pub. L. 116–271, title III, § 301, Dec. 31, 2020, 134 Stat. 3347.) Editorial Notes CODIFICATION Section was enacted as part of the Coordinated Ocean Observations and Research Act of 2020, and not as part of subtitle F of title IX of Pub. L. 111–11 which com- prises this chapter. CHAPTER 110—FAMILY VIOLENCE PREVENTION AND SERVICES Sec. 10401. Short title; purpose. 10402. Definitions. 10403. Authorization of appropriations. 10404. Authority of Secretary. 10405. Allotment of funds. 10406. Formula grants to States. 10407. State application. 10408. Subgrants and uses of funds. 10409. Grants for Indian tribes. 10410. National resource centers and training and technical assistance centers. 10411. Grants to State Domestic Violence Coali- tions. 10412. Specialized services for abused parents and their children. Sec. 10413. National domestic violence hotline grant. 10414. Domestic Violence Prevention Enhancement and Leadership Through Alliances (DELTA). 10415 to 10421. Repealed, Tranferred, or Omitted. Editorial Notes CODIFICATION The Family Violence Prevention and Services Act, comprising this chapter, was originally enacted by Pub. L. 98–457, title III, Oct. 9, 1984, 98 Stat. 1757, and amend- ed by Pub. L. 100–294, title III, Apr. 25, 1988, 102 Stat. 124; Pub. L. 102–295, title III, §§ 302–309(a), 310–321, May 28, 1992, 106 Stat. 201–210; Pub. L. 103–322, title IV, §§ 40211, 40241, 40251, 40261, 40271, 40272, Sept. 13, 1994, 108 Stat. 1925, 1934–1937; Pub. L. 104–208, div. A, title I, § 101(e) [title II, § 213], Sept. 30, 1996, 110 Stat. 3009–233, 3009–254; Pub. L. 104–235, title II, §§ 201–203, Oct. 3, 1996, 110 Stat. 3089; Pub. L. 105–392, title IV, § 407(a), Nov. 13, 1998, 112 Stat. 3589; Pub. L. 106–386, div. B, title II, §§ 1202–1204, title IV, § 1403, Oct. 28, 2000, 114 Stat. 1505–1507, 1514; Pub. L. 108–36, title IV, §§ 401–415, June 25, 2003, 117 Stat. 825–830; Pub. L. 109–162, title II, § 206, Jan. 5, 2006, 119 Stat. 3002. Such Act is shown herein, however, as having been added by Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3484, without reference to such intervening amendments because of the exten- sive revision of the Act’s provisions by Pub. L. 111–320. § 10401. Short title; purpose (a) Short title This chapter may be cited as the ‘‘Family Vio- lence 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 pri- mary and secondary prevention of, family vio- lence, 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, domes- tic violence, or dating violence, and their de- pendents; (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 pro- fessionals in public agencies), nonprofit pri- vate organizations (including faith-based and charitable organizations, community-based or- ganizations, and voluntary associations), trib- al organizations, and other persons seeking such assistance and training. (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 PROVISIONS A 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 declara- tion of purpose, prior to the general amendment of this chapter by Pub. L. 111–320. See subsec. (b) of this sec- tion. Page 8054 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10402 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 amend- ment 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 re- newal of the declaration. ‘‘(c) GRANTS TO SUPPORT CULTURALLY SPECIFIC POPU- LATIONS.— ‘‘(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 adminis- trative 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 Serv- ices Program, shall— ‘‘(A) support culturally specific community-based organizations to provide culturally specific activi- ties for survivors of sexual assault and domestic vi- olence, 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 ac- tivities to promote strategic partnership develop- ment 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 AS- SAULT.— ‘‘(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 Serv- ices 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 Insti- tute to submit a report to Congress concerning such study not later than 2 years after Nov. 13, 1998. § 10402. Definitions In this chapter: (1) Alaska Native The term ‘‘Alaska Native’’ has the meaning given the term ‘‘Native’’ in section 1602 of title 43. (2) Dating violence The term ‘‘dating violence’’ has the meaning given such term in section 12291(a) of this title. (3) Domestic violence The term ‘‘domestic violence’’ has the mean- ing given such term in section 12291(a) of this title. (4) 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 phys- ical injury; and (B) is committed by a person against an- other individual (including an elderly indi- vidual) 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. (5) Indian; Indian tribe; tribal organization The terms ‘‘Indian’’, ‘‘Indian tribe’’, and ‘‘tribal organization’’ have the meanings given such terms in section 5304 of title 25. (6) Native Hawaiian The term ‘‘Native Hawaiian’’ has the mean- ing given the term in section 7517 of title 20. (7) Personally identifying information The term ‘‘personally identifying informa- tion’’ has the meaning given the term in sec- tion 12291(a) of this title. (8) Secretary The term ‘‘Secretary’’ means the Secretary of Health and Human Services. (9) Shelter The term ‘‘shelter’’ means the provision of temporary refuge and supportive services in compliance with applicable State law (includ- ing 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 vio- lence, and their dependents. (10) State The term ‘‘State’’ means each of the several States, the District of Columbia, the Common- wealth of Puerto Rico, and, except as other- wise provided, Guam, American Samoa, the United States Virgin Islands, and the Com- monwealth of the Northern Mariana Islands. (11) State Domestic Violence Coalition The term ‘‘State Domestic Violence Coali- tion’’ means a statewide nongovernmental nonprofit private domestic violence organiza- tion that— (A) has a membership that includes a ma- jority of the primary-purpose domestic vio- lence service providers in the State; (B) has board membership that is rep- resentative of primary-purpose domestic vio- lence service providers, and which may in- clude representatives of the communities in which the services are being provided in the State;