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

Page 8061 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10408 1 So in original. Probably should be ‘‘are’’. abuser from a shared household or a house- hold of the abused person, which may in- clude eviction laws or procedures, where ap- propriate; and (I) meet such requirements as the Sec- retary 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. 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 ap- plication, if any of the provisions of sub- section (a) or section 10406 of this title have not been satisfied in such application. If the State or Indian tribe does not correct the defi- ciencies in such application within the 6- month period following the receipt of the Sec- retary’s notice, the Secretary shall withhold payment of any grant funds under section 10406 of this title to such State or under sec- tion 10409 of this title 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 compli- ance State Domestic Violence Coalitions, or com- parable coalitions for Indian tribes, shall be permitted to participate in determining whether grantees for corresponding States or Indian tribes are in compliance with sub- section (a) and section 10406(c) of this title, ex- cept that no funds made available under sec- tion 10411 of this title shall be used to chal- lenge a determination about whether a grant- ee is in compliance with, or to seek the en- forcement of, the requirements of this chap- ter. (4) Failure to report; nonconforming expendi- tures 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, or if funds are ex- pended for purposes other than those set forth in section 10406(b) of this title, after following the procedures set forth in paragraphs (1), (2), and (3). (Pub. L. 98–457, title III, § 307, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3493.) Editorial Notes PRIOR PROVISIONS A prior section 10407, Pub. L. 98–457, title III, § 308, Oct. 9, 1984, 98 Stat. 1761; Pub. L. 102–295, title III, § 315, May 28, 1992, 106 Stat. 204; Pub. L. 103–322, title IV, § 40272(b), Sept. 13, 1994, 108 Stat. 1937; Pub. L. 108–36, title IV, § 404, June 25, 2003, 117 Stat. 826, related to in- formation and technical assistance centers, prior to the general amendment of this chapter by Pub. L. 111–320. See section 10410 of this title. A prior section 307 of Pub. L. 98–457 was classified to section 10406 of this title prior to the general amend- ment of this chapter by Pub. L. 111–320. § 10408. Subgrants and uses of funds (a) Subgrants A State that receives a grant under section 10406(a) of this title shall use grant funds de- scribed in section 10406(b)(2) of this title to pro- vide subgrants to eligible entities for programs and projects within such State, that is 1 designed to prevent incidents of family violence, domes- tic violence, and dating violence by providing immediate shelter and supportive services for adult and youth victims of family violence, do- mestic violence, or dating violence (and their dependents), and that may provide prevention services to prevent future incidents of family vi- olence, 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 imme- diate shelter and related supportive services to adult and youth victims of family vio- lence, 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 vio- lence to make decisions related to their on- going safety and well-being; (C) provision of individual and group coun- seling, peer support groups, and referral to community-based services to assist family violence, domestic violence, and dating vio- lence victims, and their dependents, in re- covering from the effects of the violence; (D) provision of services, training, tech- nical assistance, and outreach to increase awareness of family violence, domestic vio- lence, and dating violence and increase the accessibility of family violence, domestic vi- olence, and dating violence services; (E) provision of culturally and linguis- tically appropriate services; (F) provision of services for children ex- posed to family violence, domestic violence, or dating violence, including age-appropriate counseling, supportive services, and services for the nonabusing parent that support that parent’s role as a caregiver, which may, as appropriate, include services that work with the nonabusing parent and child together; (G) provision of advocacy, case manage- ment services, and information and referral Page 8062 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10409 1 See References in Text note below. services, concerning issues related to family violence, domestic violence, or dating vio- lence intervention and prevention, includ- ing— (i) assistance in accessing related Fed- eral and State financial assistance pro- grams; (ii) legal advocacy to assist victims and their dependents; (iii) medical advocacy, including provi- sion of referrals for appropriate health care services (including mental health, al- cohol, and drug abuse treatment), but which shall not include reimbursement for any health care services; (iv) assistance locating and securing safe and affordable permanent housing and homelessness prevention services; (v) provision of transportation, child care, respite care, job training and em- ployment services, financial literacy serv- ices and education, financial planning, and related economic empowerment services; and (vi) parenting and other educational services for victims and their dependents; and (H) prevention services, including outreach to underserved populations. (2) Shelter and supportive services Not less than 70 percent of the funds distrib- uted by a State under subsection (a) shall be distributed to entities for the primary purpose of providing immediate shelter and supportive services to adult and youth victims of family violence, domestic violence, or dating vio- lence, and their dependents, as described in paragraph (1)(A). Not less than 25 percent of the funds distributed by a State under sub- section (a) shall be distributed to entities for the purpose of providing supportive services and prevention services as described in sub- paragraphs (B) through (H) of paragraph (1). (c) Eligible entities To be eligible to receive a subgrant from a State under this section, an entity shall be— (1) a local public agency, or a nonprofit pri- vate organization (including faith-based and charitable organizations, community-based or- ganizations, tribal organizations, and vol- untary associations), that assists victims of family violence, domestic violence, or dating violence, and their dependents, and has a doc- umented history of effective work concerning family violence, domestic violence, or dating violence; or (2) a partnership of 2 or more agencies or or- ganizations that includes— (A) an agency or organization described in paragraph (1); and (B) an agency or organization that has a demonstrated history of serving populations in their communities, including providing culturally appropriate services. (d) Conditions (1) Direct payments to victims or dependants No funds provided under this chapter may be used as direct payment to any victim of fam- ily violence, domestic violence, or dating vio- lence, or to any dependent of such victim. (2) Voluntarily accepted services Receipt of supportive services under this chapter shall be voluntary. No condition may be applied for the receipt of emergency shelter as described in subsection (b)(1)(A). (Pub. L. 98–457, title III, § 308, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3494.) Editorial Notes PRIOR PROVISIONS A prior section 10408, Pub. L. 98–457, title III, § 309, Oct. 9, 1984, 98 Stat. 1762; Pub. L. 102–295, title III, § 311(b), May 28, 1992, 106 Stat. 203; Pub. L. 103–322, title IV, § 40272(a), Sept. 13, 1994, 108 Stat. 1937; Pub. L. 108–36, title IV, § 405, June 25, 2003, 117 Stat. 826, which related to definitions, was renumbered section 320 of Pub. L. 98–457 by Pub. L. 108–36, title IV, § 415(5), June 25, 2003, 117 Stat. 830, and transferred to section 10421 of this title, prior to the general amendment of this chapter by Pub. L. 111–320. A prior section 308 of Pub. L. 98–457 was classified to section 10407 of this title prior to the general amend- ment of this chapter by Pub. L. 111–320. § 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 note) 1 and in accordance with section 20126 of title 34, shall continue to award grants for Indian tribes from amounts appro- priated under section 10403(a)(2)(B) of this title 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 organi- zation 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 sec- tion 10406 of this title. (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 at such time, in such manner, and containing such information as the Secretary determines to be essential to carry out the objectives and provi- sions of this chapter. The Secretary shall ap- prove any application that meets requirements consistent with the requirements of section 10406(c) of this title and section 10407(a) of this title. (e) Use of funds An amount provided under a grant to an eligi- ble entity shall be used for the services de- scribed in section 10408(b) of this title.