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 of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 2000d et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. PRIOR PROVISIONS A prior section 10406, Pub. L. 98–457, title III, § 307, Oct. 9, 1984, 98 Stat. 1761, related to prohibition of dis- crimination, prior to the general amendment of this chapter by Pub. L. 111–320. See subsec. (c)(2) of this sec- tion. A prior section 306 of Pub. L. 98–457 was classified to section 10405 of this title prior to the general amend- ment of this chapter by Pub. L. 111–320. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. § 10407. State application (a) Application (1) In general The chief executive officer of a State seek- ing funds under section 10406(a) of this title or a tribally designated official seeking funds under section 10409(a) of this title shall submit an application to the Secretary at such time and in such manner as the Secretary may rea- sonably require. (2) Contents Each such application shall— (A) provide a description of the procedures that have been developed to ensure compli- ance with the provisions of sections 10406(c) and 10408(d) of this title; (B) provide, with respect to funds de- scribed 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 distrib- uted to eligible entities as described in section 10408(a) of this title for approved activities as described in section 10408(b) of this title; and (iii) in the distribution of funds by a State under section 10408(a) of this title, the State will give special emphasis to the support of community-based projects of demonstrated effectiveness, that are car- ried out by nonprofit private organizations and that— (I) have as their primary purpose the operation of shelters for victims of fam- ily violence, domestic violence, and dat- ing violence, and their dependents; or (II) provide counseling, advocacy, and self-help services to victims of family vi- olence, domestic violence, and dating vi- olence, 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 be- tween 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 and the administration of the grant pro- grams and projects; (E) describe how the State or Indian tribe will involve community-based organizations, whose primary purpose is to provide cul- turally 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 de- signed to reduce family violence, domestic violence, and dating violence, including how funds will be used to provide shelter, sup- portive services, and prevention services in accordance with section 10408(b) of this title; (G) specify the State agency or tribally designated official to be designated as re- sponsible 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 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