HR-2119-117
Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 156.
Sponsored by Lucy McBath (D-GA)
What it does
This bill would reauthorize and expand the Family Violence Prevention and Services (FVPS) program through fiscal year 2026. It would direct the Department of Health and Human Services (HHS) to award grants to state and tribal domestic violence coalitions and community-based organizations to fund emergency shelters, prevention services, and coordinated community responses. It would also create a dedicated grants program for tribal coalitions and require HHS to fund a hotline specifically serving Native Americans affected by domestic violence.
Who benefits
Domestic violence survivors seeking emergency shelter or support services; residents of underserved communities with limited access to existing services; racial and ethnic minority groups served by culturally specific organizations; Native American and tribal community members affected by domestic violence; nonprofit organizations and tribal coalitions that would receive new or expanded grant funding; community-based organizations providing prevention and outreach programs.
Who is hurt
Taxpayers who fund the expanded federal grant program; organizations that currently receive FVPS funding but may face increased competition under revised eligibility criteria; state and local governments that may face new administrative requirements tied to grant compliance; organizations that do not meet the bill's updated definitions or eligibility standards and could lose access to funding.
Supporters argue
Supporters argue that domestic violence affects millions of Americans each year and that the existing FVPS program has proven effective but underfunded. They contend that expanding grants to culturally specific and community-based organizations would reach survivors who are currently underserved — including racial and ethnic minorities and Native Americans — who face unique barriers to accessing mainstream shelters. Supporters also argue that adding evidence-informed prevention strategies addresses the root causes of family violence rather than only responding after harm occurs, making the program more cost-effective over time. The tribal hotline provision, they argue, fills a documented gap in services for Indigenous communities, who experience domestic violence at disproportionately high rates.
Opponents argue
Opponents argue that reauthorizing and expanding the FVPS program increases federal spending without sufficient evidence that the new grant categories or prevention strategies produce measurable reductions in domestic violence. They contend that directing funds to population-specific and culturally specific organizations may fragment service delivery and reduce efficiency compared to broader, universally accessible programs. Opponents also argue that the bill expands HHS's administrative authority and adds layers of federal requirements that could burden state agencies and smaller nonprofits with compliance costs. Some may further argue that domestic violence services are better administered at the state and local level, where governments can tailor programs to community needs without federal mandates.
Constitutional context
The bill's federal grant-making authority rests primarily on the Spending Clause (Art. I, §8), which allows Congress to attach conditions to federal funds. The Tenth Amendment is relevant because the bill channels funding through states and tribal governments, raising federalism questions about whether grant conditions could effectively commandeer state policy — a concern addressed in cases like Murphy v. NCAA (2018). The bill's tribal-specific provisions engage the federal government's plenary power over tribal affairs. The Equal Protection Clause (14th Amend.) and Texas Department of Housing v. Inclusive Communities (2015) are relevant to the bill's race- and ethnicity-targeted grant categories, which could face disparate impact or equal protection scrutiny. Cedar Point Nursery v. Hassid (2021) is less directly applicable here, as the bill does not involve physical access to private property.
Checks and balances
The bill expands executive branch authority by granting HHS broad discretion to award, structure, and oversee multiple new categories of grants and cooperative agreements. Congress retains oversight through the reauthorization mechanism — funding expires after FY2026 unless renewed. The bill does not create a new independent agency, but it does increase HHS's administrative role in defining eligibility criteria and evaluating grant recipients, shifting some policy-setting authority from Congress to the executive branch.
Historical precedent
The original Family Violence Prevention and Services Act (FVPSA) was enacted in 1984 and has been reauthorized multiple times, most recently in 2010. The Violence Against Women Act (VAWA), first enacted in 1994 and most recently reauthorized in 2022, provides a parallel federal framework for addressing domestic violence through grant programs and legal protections.