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42 U.S.C. § 10407 — State application

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10407 — State application

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Source file: Laws/federal/codes/united-states-code/title-42/section-10407-state-application--096607b528.md
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Source location: Title 42, Chapter 110, § 10407; chapter-110-family-violence-prevention-and-services.md

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**(a) Application** (1) **In general** — The chief executive officer of a State seeking funds under [section 10406(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406/a&num=0&edition=prelim) or a tribally designated official seeking funds under [section 10409(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10409/a&num=0&edition=prelim) shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. (2) **Contents** — Each such application shall— (A) provide a description of the procedures that have been developed to ensure compliance with the provisions of sections 10406(c) and 10408(d) of this title; (B) provide, with respect to funds described in paragraph (1), assurances that— (i) not more than 5 percent of such funds will be used for administrative costs; (ii) the remaining funds will be distributed to eligible entities as described in [section 10408(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10408/a&num=0&edition=prelim) for approved activities as described in [section 10408(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10408/b&num=0&edition=prelim); and (iii) in the distribution of funds by a State under [section 10408(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10408/a&num=0&edition=prelim), the State will give special emphasis to the support of community-based projects of demonstrated effectiveness, that are carried out by nonprofit private organizations and that— (I) have as their primary purpose the operation of shelters for victims of family violence, domestic violence, and dating violence, and their dependents; or (II) provide counseling, advocacy, and self-help services to victims of family violence, domestic violence, and dating violence, and their dependents; (C) in the case of an application submitted by a State, provide an assurance that there will be an equitable distribution of grants and grant funds within the State and between urban and rural areas within such State; (D) in the case of an application submitted by a State, provide an assurance that the State will consult with and provide for the participation of the State Domestic Violence Coalition in the planning and monitoring of the distribution of grants to eligible entities as described in [section 10408(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10408/a&num=0&edition=prelim) and the administration of the grant programs and projects; (E) describe how the State or Indian tribe will involve community-based organizations, whose primary purpose is to provide culturally appropriate services to underserved populations, including how such community-based organizations can assist the State or Indian tribe in addressing the unmet needs of such populations; (F) describe how activities and services provided by the State or Indian tribe are designed to reduce family violence, domestic violence, and dating violence, including how funds will be used to provide shelter, supportive services, and prevention services in accordance with [section 10408(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10408/b&num=0&edition=prelim); (G) specify the State agency or tribally designated official to be designated as responsible for the administration of programs and activities relating to family violence, domestic violence, and dating violence, that are carried out by the State or Indian tribe under this chapter, and for coordination of related programs within the jurisdiction of the State or Indian tribe; (H) provide an assurance that the State or Indian tribe has a law or procedure to bar an abuser from a shared household or a household of the abused person, which may include eviction laws or procedures, where appropriate; and (I) meet such requirements as the Secretary reasonably determines are necessary to carry out the objectives and provisions of this chapter. **(b) Approval of application** (1) **In general** — The Secretary shall approve any application that meets the requirements of subsection (a) and [section 10406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406&num=0&edition=prelim). The Secretary shall not disapprove any application under this subsection unless the Secretary gives the applicant reasonable notice of the Secretary’s intention to disapprove and a 6-month period providing an opportunity for correction of any deficiencies. (2) **Correction of deficiencies** — The Secretary shall give such notice, within 45 days after the date of submission of the application, if any of the provisions of subsection (a) or [section 10406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406&num=0&edition=prelim) have not been satisfied in such application. If the State or Indian tribe does not correct the deficiencies in such application within the 6-month period following the receipt of the Secretary’s notice, the Secretary shall withhold payment of any grant funds under [section 10406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406&num=0&edition=prelim) to such State or under [section 10409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10409&num=0&edition=prelim) to such Indian tribe until such date as the State or Indian tribe provides documentation that the deficiencies have been corrected. (3) **State or tribal Domestic Violence Coalition participation in determinations of compliance** — State Domestic Violence Coalitions, or comparable coalitions for Indian tribes, shall be permitted to participate in determining whether grantees for corresponding States or Indian tribes are in compliance with subsection (a) and [section 10406(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406/c&num=0&edition=prelim), except that no funds made available under [section 10411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10411&num=0&edition=prelim) shall be used to challenge a determination about whether a grantee is in compliance with, or to seek the enforcement of, the requirements of this chapter. (4) **Failure to report; nonconforming expenditures** — The Secretary shall suspend funding for an approved application if the applicant fails to submit an annual performance report under [section 10406(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406/d&num=0&edition=prelim), or if funds are expended for purposes other than those set forth in [section 10406(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406/b&num=0&edition=prelim), after following the procedures set forth in paragraphs (1), (2), and (3).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10406 — Formula grants to States

**(a) Formula grants to States** The Secretary shall award grants to States in order to assist in supporting the establishment, maintenance, and expansion of programs and projects— (1) to prevent incidents of family violence, domestic violence, and dating violence; (2) to provide immediate shelter, supportive services, and access to community-based programs for victims of family violence, domestic violence, or dating violence, and their dependents; and (3) to provide specialized services for children exposed to family violence, domestic violence, or dating violence, underserved populations, and victims who are members of racial and ethnic minority populations. **(b) Administrative expenses** (1) **Administrative costs** — Each State may use not more than 5 percent of the grant funds for State administrative costs. (2) **Subgrants to eligible entities** — The State shall use the remainder of the grant funds to make subgrants to eligible entities for approved purposes as described in [section 10408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10408&num=0&edition=prelim). **(c) Grant conditions** (1) **Approved activities** — In carrying out the activities under this chapter, grantees and subgrantees may collaborate with and provide information to Federal, State, local, and tribal public officials and agencies, in accordance with limitations on disclosure of confidential or private information as described in paragraph (5), to develop and implement policies to reduce or eliminate family violence, domestic violence, and dating violence. (2) **Discrimination prohibited** (A) *Application of civil rights provisions* — For the purpose of applying the prohibitions against discrimination on the basis of age under the Age

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10409 — Grants for Indian tribes

**(a) Grants authorized** The Secretary, in consultation with tribal governments pursuant to Executive Order No. 13175 ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) note) 11 See References in Text note below. and in accordance with [section 20126 of title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20126&num=0&edition=prelim), shall continue to award grants for Indian tribes from amounts appropriated under [section 10403(a)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10403/a/2/B&num=0&edition=prelim) to carry out this section. **(b) Eligible entities** To be eligible to receive a grant under this section, an entity shall be an Indian tribe, or a tribal organization or nonprofit private organization authorized by an Indian tribe. An Indian tribe shall have the option to authorize a tribal organization or a nonprofit private organization to submit an application and administer the grant funds awarded under this section. **(c) Conditions** Each recipient of such a grant shall comply with requirements that are consistent with the requirements applicable to grantees under [section 10406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406&num=0&edition=prelim). **(d) Grantee application** To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary under [section 10407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10407&num=0&edition=prelim) at such time, in such manner, and containing such information as the Secretary determines to be essential to carry out the objectives and p

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10409

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10411 — Grants to State Domestic Violence Coalitions

**(a) Grants** The Secretary shall award grants for the funding of State Domestic Violence Coalitions. **(b) Allotment of funds** (1) **In general** — From the amount appropriated under [section 10403(a)(2)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10403/a/2/D&num=0&edition=prelim) for each fiscal year, the Secretary shall allot to each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the covered territories an amount equal to 1⁄56 of the amount so appropriated for such fiscal year. (2) **Definition** — For purposes of this subsection, the term “covered territories” means Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. **(c) Application** Each State 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 determines to be essential to carry out the objectives of this section. The application submitted by the coalition for the grant shall provide documentation of the coalition’s work, satisfactory to the Secretary, demonstrating that the coalition— (1) meets all of the applicable requirements set forth in this chapter; and (2) demonstrates the ability to conduct appropriately all activities described in this section, as indicated by— (A) documented experience in administering Federal grants to conduct the activities described in subsection (d); or (B) a documented history of active participation in the activities described in paragraphs (1), (3), (4), and (5) of subsection (d) and a demonstrated capacity to conduct the activities described in subsection (d)(2). **(d) Use of fund

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10411

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10410 — National resource centers and training and technical assistance centers

**(a) Purpose and grants authorized** (1) **Purpose** — The purpose of this section is to provide resource information, training, and technical assistance relating to the objectives of this chapter to improve the capacity of individuals, organizations, governmental entities, and communities to prevent family violence, domestic violence, and dating violence and to provide effective intervention services. (2) **Grants authorized** — From the amounts appropriated under this chapter and reserved under [section 10403(a)(2)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10403/a/2/C&num=0&edition=prelim), the Secretary— (A) shall award grants to eligible entities for the establishment and maintenance of— (i) 2 national resource centers (as provided for in subsection (b)(1)); and (ii) at least 7 special issue resource centers addressing key areas of domestic violence, and intervention and prevention (as provided for in subsection (b)(2)); and (B) may award grants, to— (i) State resource centers to reduce disparities in domestic violence in States with high proportions of Indian (including Alaska Native) or Native Hawaiian populations (as provided for in subsection (b)(3)); and (ii) support training and technical assistance that address emerging issues related to family violence, domestic violence, or dating violence, to entities demonstrating related expertise. **(b) Domestic violence resource centers** (1) **National resource centers** — In accordance with subsection (a)(2), the Secretary shall award grants to eligible entities for— (A) a National Resource Center on Domestic Violence, which shall— (i) offer a comprehensive array of technical assistance and training resources to Federal, State,

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10410

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10446 — State grants

**(a) General grants** The Attorney General may make grants to States, for use by States, State and local courts (including juvenile courts), units of local government, victim service providers, and Indian tribal governments for the purposes described in [section 10441(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10441/b&num=0&edition=prelim). **(b) Amounts** Of the amounts appropriated for the purposes of this subchapter— (1) 10 percent shall be available for grants under the program authorized by [section 10452 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10452&num=0&edition=prelim), which shall not otherwise be subject to the requirements of this subchapter (other than [section 10447 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10447&num=0&edition=prelim)); (2) 2.5 percent shall be available for grants for State domestic violence coalitions under [section 10441(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10441/c&num=0&edition=prelim), with the coalition for each State, the coalition for the District of Columbia, the coalition for the Commonwealth of Puerto Rico, the coalition for Guam, the coalition for American Samoa, the coalition for the United States Virgin Islands, and the coalition for the Commonwealth of the Northern Mariana Islands.,11 So in original. each receiving an amount equal to 1⁄56 of the total amount made available under this paragraph for each fiscal year; (3) 2.5 percent shall be available for grants for State sexual assault coalitions under [section 10441(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10441/c&

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10446

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10408 — Subgrants and uses of funds

**(a) Subgrants** A State that receives a grant under [section 10406(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406/a&num=0&edition=prelim) shall use grant funds described in [section 10406(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406/b/2&num=0&edition=prelim) to provide subgrants to eligible entities for programs and projects within such State, that is 11 So in original. Probably should be “are”. designed to prevent incidents of family violence, domestic violence, and dating violence by providing immediate shelter and supportive services for adult and youth victims of family violence, domestic violence, or dating violence (and their dependents), and that may provide prevention services to prevent future incidents of family violence, domestic violence, and dating violence. **(b) Use of funds** (1) **In general** — Funds awarded to eligible entities under subsection (a) shall be used to provide shelter, supportive services, or prevention services to adult and youth victims of family violence, domestic violence, or dating violence, and their dependents, which may include— (A) provision, on a regular basis, of immediate shelter and related supportive services to adult and youth victims of family violence, domestic violence, or dating violence, and their dependents, including paying for the operating and administrative expenses of the facilities for such shelter; (B) assistance in developing safety plans, and supporting efforts of victims of family violence, domestic violence, or dating violence to make decisions related to their ongoing safety and well-being; (C) provision of individual and group counseling, peer support groups, and referral to communit

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 10407 — State application

Page 8060 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10407 to supplement and not supplant other Federal, State, tribal, and local public funds expended to provide services and activities that promote the objectives of this chapter. (d) Reports and evaluation Each grantee shall submit an annual perform- ance report to the Secretary at such time as shall be reasonably required by the Secretary. Such performance report shall describe the grantee and subgrantee activities that have been carried out with grant funds made avail- able under subsection (a) or section 10409 of this title, contain an evaluation of the effectiveness of such activities, and provide such additional information as the Secretary may reasonably require. (Pub. L. 98–457, title III, § 306, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3489.) Editorial Notes REFERENCES IN TEXT The Age Discrimination Act of 1975, referred to in subsec. (c)(2)(A), (C)(ii), is title III of Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 728, which is classified generally to chapter 76 (§ 6101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of this title and Tables. The Education Amendments of 1972, referred to in subsec. (c)(2)(A), (C)(ii), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of Title 20, Education. For complete classification of title IX to the Code, see Short Title note set out under sec- tion 1681 of Title 20 and Tables. The Civil Rights Act of 1964, referred to in subsec. (c)(2)(A), (C)(ii), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10407

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