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S. 4976IntroducedSenate · nowHousePresidentLawIn committee
Sec. 104 · S. 4976

Alaska Native and American Indian family violence, prevention, services, and treatment

Title I — Justice for Children, Youth, and Families

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(a) Tribe, tribal, and tribally The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) is amended— (1) by striking tribe each place it appears and inserting Tribe; (2) by striking tribes each place it appears and inserting Tribes; (3) by striking tribal each place it appears and inserting Tribal; and (4) by striking tribally each place it appears and inserting Tribally. (b) Definitions Section 302 of the Family Violence Prevention and Services Act (42 U.S.C. 10402) is amended— (1) in paragraph (5), by striking (25 U.S.C. 450b) and inserting (25 U.S.C. 5304); (2) by amending paragraph (6) to read as follows: (11) Native Hawaiian; Native Hawaiian organization The terms Native Hawaiian and Native Hawaiian organization have the meanings given such terms in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517).; (3) by redesignating paragraph (14) as paragraph (15); and (4) by inserting after paragraph (13) the following: (15) Tribal domestic violence coalition The term Tribal Domestic Violence Coalition means an established nonprofit, nongovernmental Indian organization, Alaska Native organization, or Native Hawaiian organization recognized by the Office on Violence Against Women of the Department of Justice that— (A) provides education, support, and technical assistance to member Indian service providers, Native Hawaiian organizations, or the Native Hawaiian community in a manner that enables the member providers, organizations, or communities to establish and maintain culturally appropriate services, including shelter and supportive services designed to assist Indian or Native Hawaiian victims of family violence, domestic violence, or dating violence and the children and dependents of such victims; and (B) is comprised of board and general members who are representative of— (i) the member service providers, organizations, or communities described in subparagraph (A); and (ii) the Tribal communities or Native Hawaiian communities in which the services are being provided.. (c) National resource centers and training and technical assistance centers Section 310 of the Family Violence Prevention and Services Act (42 U.S.C. 10410) is amended— (1) in subsection (a)(2)— (A) in the matter preceding subparagraph (A), by striking under this title and reserved under section 303(a)(2)(C) and inserting under section 303 and made available to carry out this section; (B) in subparagraph (A)— (i) in clause (i), by striking; and and inserting a semicolon; (ii) in clause (ii), by striking; and and inserting a semicolon; and (iii) by adding at the end the following: (iii) an Alaska Native Tribal resource center on domestic violence, to reduce Tribal disparities; and (iv) a Native Hawaiian resource center on domestic violence, to reduce Native Hawaiian disparities; and; and (C) in subparagraph (B)(i)— (i) by striking (including Alaska Native); and (ii) by striking subsection (b)(3) and inserting subsection (b)(5); (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B)— (I) in clause (i), by striking 10 U.S.C. 3796gg–10 note and inserting 34 U.S.C. 10452 note; (II) in clause (ii), by striking 10 U.S.C. 3796gg–10 note and inserting 34 U.S.C. 10452 note; and (III) in clause (iii)— (aa) by striking Native Hawaiians that and inserting Native Hawaiians who; and (bb) by inserting the Office for Victims of Crime and after Human Services, and; (B) by redesignating paragraph (3) as paragraph (5); (C) by inserting after paragraph (2) the following: (3) Alaska Native Tribal resource center In accordance with subsection (a)(2), the Secretary shall award a grant to an eligible entity for an Alaska Native Tribal resource center on domestic violence to reduce Tribal disparities, which shall— (A) 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 family violence, domestic violence, and dating violence and the findings of section 901 and purposes in section 902 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C. 10452 note); (B) coordinate all projects and activities with the national resource center described in paragraph (1)(B); (C) coordinate with the projects and activities of that center that involve working with non-Tribal State and local governments to enhance their capacity to understand the unique needs of Alaska Natives; (D) provide comprehensive community education and prevention initiatives relating to family violence, domestic violence, and dating violence in a culturally sensitive and relevant manner; and (E) coordinate activities with other Federal agencies, offices, and grantees that address the needs of Alaska Natives who experience family violence, domestic violence, and dating violence, including the Office of Justice Services of the Bureau of Indian Affairs, the Indian Health Service, and the Office for Victims of Crime and the Office on Violence Against Women of the Department of Justice. (4) Native Hawaiian resource center In accordance with subsection (a)(2), the Secretary shall award a grant to an eligible entity for a Native Hawaiian resource center on domestic violence to reduce Native Hawaiian disparities, which shall— (A) offer a comprehensive array of technical assistance and training resources to Native Hawaiian organizations, specifically designed to enhance the capacity of the Native Hawaiian organizations to respond to family violence, domestic violence, and dating violence; (B) coordinate all projects and other activities with the national resource center described in paragraph (1)(B); (C) coordinate all projects and other activities, with State and local governments, that involve working with the State and local governments, to enhance their capacity to understand the unique needs of Native Hawaiians; (D) provide comprehensive community education and prevention initiatives relating to family violence, domestic violence, and dating violence in a culturally sensitive and relevant manner; and (E) coordinate activities with other Federal agencies, offices, and grantees that address the needs of Native Hawaiians who experience family violence, domestic violence, and dating violence, including the Office for Victims of Crime and the Office on Violence Against Women of the Department of Justice.; and (D) in paragraph (5), as so redesignated— (i) in subparagraph (B), by striking nontribal and inserting non-Tribal; and (ii) by striking (including Alaska Natives) each place it appears; and (3) in subsection (c)— (A) in paragraph (2), by striking 42 U.S.C. 3796gg–10 note each place it appears and inserting 34 U.S.C. 10452 note; (B) by redesignating paragraph (4) as paragraph (6); (C) by inserting after paragraph (3) the following: (4) Alaska Native Tribal Resource Center on Domestic Violence To be eligible to receive a grant under subsection (b)(3), an entity shall be a Tribal organization, or a nonprofit private organization that focuses primarily on issues of family violence, domestic violence, and dating violence within Indian Tribes, in Alaska that submits information to the Secretary demonstrating— (A) experience working with Indian Tribes, and Tribal organizations, in Alaska to respond to family violence, domestic violence, and dating violence and the findings of section 901 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 34 U.S.C. 10452 note); (B) experience providing Indian Tribes, and Tribal organizations, in Alaska with assistance in developing Tribally based prevention and intervention services addressing family violence, domestic violence, and dating violence and safety for American Indian and Alaska Native women consistent with the purposes of section 902 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 34 U.S.C. 10452 note); (C) strong support for the entity’s designation as the Alaska Native Tribal resource center on domestic violence from advocates working with Indian Tribes in Alaska to address family violence, domestic violence, and dating violence and the safety of Alaska Native women; (D) a record of demonstrated effectiveness in assisting Indian Tribes, and Tribal organizations, in Alaska with prevention and intervention services addressing family violence, domestic violence, and dating violence; and (E) the capacity to serve geographically diverse Indian Tribes, and Tribal organizations, in Alaska. (5) Native hawaiian resource center To be eligible to receive a grant under subsection (b)(4), an entity shall be a Native Hawaiian organization, or a nonprofit private organization that focuses primarily on issues of family violence, domestic violence, and dating violence within the Native Hawaiian community, that submits information to the Secretary demonstrating— (A) experience working with Native Hawaiian organizations to respond to family violence, domestic violence, and dating violence; (B) experience providing Native Hawaiian organizations with assistance in developing prevention and intervention services addressing family violence, domestic violence, and dating violence and safety for Native Hawaiian women; (C) strong support for the entity’s designation as the Native Hawaiian resource center on domestic violence from advocates working with Native Hawaiian organizations to address family violence, domestic violence, and dating violence and the safety of Native Hawaiian women; (D) a record of demonstrated effectiveness in assisting Native Hawaiian organizations with prevention and intervention services addressing family violence, domestic violence, and dating violence; and (E) the capacity to serve geographically diverse Native Hawaiian communities and organizations.; and (D) in paragraph (6), as so redesignated— (i) in the matter preceding subparagraph (A), by striking subsection (b)(3) and inserting subsection (b)(5); and (ii) in subparagraph (A), by striking (including Alaska Natives). (d) Grants to State domestic violence coalitions Section 311(d) of the Family Violence Prevention and Services Act (42 U.S.C. 10411(d)) is amended— (1) by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively; and (2) by inserting after subparagraph (3) the following: (4) collaborating with, as applicable for the State, Indian Tribes and Tribal organizations (or Alaska Native or Native Hawaiian groups or communities) to address the needs of Indian (including Alaska Native) or Native Hawaiian victims of family violence, domestic violence, or dating violence, as applicable in the State;. (e) Grants to Tribal domestic violence coalitions The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) is amended by inserting after section 311 the following: 311A. Grants to Tribal domestic violence coalitions (a) Grants authorized Beginning with fiscal year 2027, out of amounts appropriated to carry out this section for a fiscal year, the Secretary shall award grants to eligible entities in accordance with this section. (b) Eligible entities To be eligible to receive a grant under this section, an entity shall be a Tribal Domestic Violence Coalition that provides services to Indian Tribes. (c) Application Each Tribal Domestic Violence 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 may require. The application submitted by the coalition for the grant shall provide documentation of the coalition’s work, demonstrating that the coalition— (1) meets all the applicable requirements set forth in this section; and (2) has the ability to conduct all activities described in this section, as indicated by— (A) a documented experience in administering Federal grants to conduct the activities described in subsection (d); or (B) a documented history of activities to further the purposes of this section set forth in subsection (d). (d) Use of funds A Tribal Domestic Violence Coalition eligible under subsection (b) that receives a grant under this section may use the grant funds for administration and operation to further the purposes of family violence, domestic violence, and dating violence intervention and prevention activities, including— (1) working with local Tribal family violence, domestic violence, or dating violence service programs and providers of direct services to encourage appropriate and comprehensive responses to family violence, domestic violence, and dating violence against adults or youth within the Indian Tribes served, including providing training and technical assistance and conducting Tribal needs assessments; (2) participating in planning and monitoring the distribution of subgrants and subgrant funds within the State under section 308(a); (3) working in collaboration with Tribal service providers and community-based organizations to address the needs of victims of family violence, domestic violence, and dating violence, and their children and dependents; (4) collaborating with, and providing information to, entities in such fields as housing, health care (including mental health and substance use disorder care), social welfare, education, and law enforcement to support the development and implementation of effective policies; (5) supporting the development and implementation of effective policies, protocols, legislation, codes, and programs that address the safety and support needs of adult and youth Tribal victims of family violence, domestic violence, or dating violence; (6) encouraging appropriate responses to cases of family violence, domestic violence, or dating violence against adults or youth, by working with Tribal, State, and Federal judicial agencies and law enforcement agencies; (7) working with Tribal, State, and Federal judicial agencies, including family law judges, criminal court judges, child protective service agencies, and children's advocates to develop appropriate responses to child custody and visitation issues— (A) in cases of child exposure to family violence, domestic violence, or dating violence; or (B) in cases in which— (i) family violence, domestic violence, or dating violence is present; and (ii) child abuse is present; (8) providing information to the public about prevention of family violence, domestic violence, and dating violence within Indian Tribes; (9) assisting Indian Tribes' participation in, and attendance of, Federal and State consultations on family violence, domestic violence, or dating violence, including consultations mandated by the Violence Against Women Act of 1994 (title IV of Public Law 103–322), the Victims of Crime Act of 1984 (34 U.S.C. 20101 et seq.), or this title; and (10) providing services described in section 308(b) to victims of family violence, domestic violence, and dating violence. (e) Reallocation If, at the end of the sixth month of any fiscal year for which sums are made available to carry out this section, a portion of the available amount has not been awarded to Tribal Domestic Violence Coalitions for grants under this section because of the failure of such coalitions to meet the requirements for such grants, then the Secretary shall award such portion, in equal shares, to Tribal Domestic Violence Coalitions that meet such requirements.. (f) National Indian domestic violence hotline grant (1) Purpose The purpose of this subsection is to increase the availability of information and assistance to Indian adult and youth victims of family violence, domestic violence, or dating violence, family and household members of such victims, and individuals affected by such victimization by supporting a national, toll-free telephonic and digital hotline to provide services that are— (A) informed of Federal Indian law and Tribal laws impacting Indian victims of family violence, domestic violence, or dating violence; (B) culturally appropriate to Indian adult and youth victims; and (C) developed in cooperation with victim services offered by Indian Tribes and Tribal organizations. (2) Grant program The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) is amended by inserting after section 313 the following: 313A. National Indian domestic violence hotline grant (a) In general The Secretary shall award a grant to a Tribal organization or private, nonprofit entity to maintain the ongoing operation of a 24-hour, national, toll-free telephonic hotline and digital services to provide information and assistance to Indian adult and youth victims of family violence, domestic violence, or dating violence, family and household members of such victims, and other individuals affected by such victimization. (b) Term The Secretary shall award a grant under this section for a period of not more than 5 years. (c) Conditions on payment 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) Eligibility To be eligible to receive a grant under this section, an entity shall be a Tribal organization or a nonprofit private organization that focuses primarily on issues of family violence, domestic violence, and dating violence as it relates to American Indians and Alaska Natives, and 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) include a complete description of the applicant’s plan for the operation of a national Indian domestic violence hotline and digital services, including descriptions of— (A) the training program for advocacy personnel, including training on the provision of culturally appropriate services, Federal Indian law and Tribal laws impacting Indian victims of family violence, domestic violence, or dating violence, and resources and referrals for such victims; (B) the qualifications of the applicant and the hiring criteria and qualifications for advocacy personnel, to ensure that hotline advocates and other personnel have demonstrated knowledge of Indian legal, social, and cultural issues, to ensure that the unique needs of Indian callers and users of digital services are met; (C) the methods for the creation, maintenance, and updating of a resource database of culturally appropriate victim services and resources available from Indian Tribes and Tribal organizations; (D) a plan for publicizing the availability of the national Indian hotline and digital services to Indian victims of family violence, domestic violence, and dating violence; (E) a plan for providing service to callers and digital services users with limited English proficiency, including service through advocacy personnel who have non-English language capability; (F) a plan for facilitating access to hotline and digital services by persons with disabilities, including individuals who are deaf or hard of hearing or are blind or have visual impairments, and for training hotline and digital services personnel in assisting persons with disabilities when those persons are accessing the hotline and digital services; and (G) a plan for providing assistance and referrals to Indian youth victims of family violence, domestic violence, and dating violence, which plan may be carried out through a national Indian youth dating violence hotline and other digital services and resources; (3) demonstrate recognized expertise providing services, including information on healthy relationships and referrals for Indian victims of family violence, domestic violence, or dating violence and coordinating services with Indian Tribes or Tribal organizations; (4) demonstrate support from Indian victim services programs, Tribal Domestic Violence Coalitions and Tribal grantees under this title; (5) demonstrate capacity and the expertise to maintain a domestic violence hotline, digital services and a comprehensive database of service providers from Indian Tribes or Tribal organizations; (6) demonstrate that the applicant will follow comprehensive quality assurance practices; and (7) contain such other information as the Secretary may require. (e) Indian hotline activities (1) In general An entity that receives a grant under this section shall use funds made available through the grant for the purpose described in subsection (a), consistent with paragraph (2). (2) Activities In establishing and operating the hotline and digital services, the entity— (A) shall contract with a carrier for the use of a 24-hour toll-free telephone line and an internet service provider for operating digital services in accessible formats including TTY and interpreter services, where applicable; (B) shall employ, train (including providing technology training), and supervise personnel to answer incoming calls and digital services contacts, provide counseling, healthy relationship information, and referral services for Indian or Native Hawaiian callers and digital services users on a 24-hour-a-day basis, directly connect callers, and assist digital services users in connecting to service providers; (C) shall assemble and maintain a database of information relating to services for Indian victims of family violence, domestic violence, or dating violence to which Indian callers or digital services users may be referred, including information on the availability of shelter and supportive services for victims of family violence, domestic violence, or dating violence; (D) shall widely publicize the hotline and digital services (and, as appropriate, in accessible formats, including formats compliant with the most recent Web Content Accessibility Guidelines or successor guideline as applicable) throughout Indian Tribes and communities, including— (i) national and regional member organizations of Indian Tribes; (ii) Tribal domestic violence services programs; and (iii) Tribal nonprofit victim service providers; (E) at the discretion of the hotline operator or digital services provider, may provide— (i) appropriate assistance and referrals for family and household members of Indian victims of family violence, domestic violence, or dating violence, and Indians affected by the victimization described in subsection (a); and (ii) assistance, or referrals for counseling or intervention, for identified Indian perpetrators, including self-identified perpetrators, of family violence, domestic violence, or dating violence, but shall not be required to provide such assistance or referrals in any circumstance in which the hotline operator or digital services provider fears the safety of a victim may be impacted by an abuser or suspected abuser. (f) Reports and evaluation The entity receiving a grant under this section shall submit a report to the Secretary at such time as shall be reasonably required by the Secretary. Such 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. 104: Alaska Native and American Indian family violence, prevention, services, and treatment · Public Law Tracker