Pub. L. 102-295, tit. III, sec. 317
CONTRACTS AND GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.
SEC. 317. CONTRACTS AND GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS. Section 311 (42 U.S.C. 10410) is amended to read as follows: “SEC. 311. 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 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 and court officials and other professionals; 106 STAT. 207 “(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; “(2) work with family law 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 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 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 that do not endanger victims and 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; “(3) 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; and “(4) participate in planning and monitoring of the distribution of grants and grant funds to their State under section 303(a). “(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— 106 STAT. 208 “(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 153 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 4 of the Indian Self-Determination and Education Assistance Act. “(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 the date of enactment of this section, the Secretary shall publish proposed regulations implementing this section. Not later than 120 days after such date of enactment, the Secretary shall publish final regulations implementing this section.”.