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

Page 8058 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10406 May 28, 1992, 106 Stat. 204; Pub. L. 108–36, title IV, § 403, June 25, 2003, 117 Stat. 825, related to evaluation of the effectiveness of the programs administered and oper- ated pursuant to this chapter, prior to the general amendment of this chapter by Pub. L. 111–320. See sec- tion 10404(c) of this title. A prior section 305 of Pub. L. 98–457 was classified to section 10404 of this title prior to the general amend- ment of this chapter by Pub. L. 111–320. § 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 pro- grams for victims of family violence, domestic violence, or dating violence, and their depend- ents; and (3) to provide specialized services for chil- dren exposed to family violence, domestic vio- lence, or dating violence, underserved popu- lations, 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 enti- ties for approved purposes as described in sec- tion 10408 of this title. (c) Grant conditions (1) Approved activities In carrying out the activities under this chapter, grantees and subgrantees may col- laborate with and provide information to Fed- eral, State, local, and tribal public officials and agencies, in accordance with limitations on disclosure of confidential or private infor- mation as described in paragraph (5), to de- velop 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 prohibi- tions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), on the basis of dis- ability under section 504 of the Rehabilita- tion Act of 1973 (29 U.S.C. 794), on the basis of sex under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), or on the basis of race, color, or national ori- gin under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), programs and activities funded in whole or in part with funds made available under this chapter are considered to be programs and activities re- ceiving Federal financial assistance. (B) Prohibition on discrimination on basis of sex, religion (i) In general No person shall on the ground of sex or religion be excluded from participation in, be denied the benefits of, or be subject to discrimination under, any program or ac- tivity funded in whole or in part with funds made available under this chapter. Nothing in this chapter shall require any such program or activity to include any individual in any program or activity without taking into consideration that in- dividual’s sex in those certain instances where sex is a bona fide occupational qual- ification or programmatic factor reason- ably necessary to the normal or safe oper- ation of that particular program or activ- ity. (ii) Enforcement The Secretary shall enforce the provi- sions of clause (i) in accordance with sec- tion 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d–1). Section 603 of such Act (42 U.S.C. 2000d–2) shall apply with respect to any action taken by the Secretary to en- force such clause. (iii) Construction This subparagraph shall not be construed as affecting any legal remedy provided under any other provision of law. (C) Enforcement authorities of Secretary Whenever the Secretary finds that a State, Indian tribe, or other entity that has re- ceived financial assistance under this chap- ter has failed to comply with a provision of law referred to in subparagraph (A), with subparagraph (B), or with an applicable reg- ulation (including one prescribed to carry out subparagraph (B)), the Secretary shall notify the chief executive officer of the State involved or the tribally designated of- ficial of the tribe involved and shall request such officer or official to secure compliance. If, within a reasonable period of time, not to exceed 60 days, the chief executive officer or official fails or refuses to secure compliance, the Secretary may— (i) refer the matter to the Attorney Gen- eral with a recommendation that an appro- priate civil action be instituted; (ii) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), sections 504 and 505 of the Reha- bilitation Act of 1973 [29 U.S.C. 794, 794a], or title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as may be applicable; or (iii) take such other action as may be provided by law. (D) Enforcement authority of Attorney Gen- eral When a matter is referred to the Attorney General pursuant to subparagraph (C)(i), or whenever the Attorney General has reason to believe that a State, an Indian tribe, or Page 8059 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10406 an entity described in subparagraph (C) is engaged in a pattern or practice in violation of a provision of law referred to in subpara- graph (A) or in violation of subparagraph (B), the Attorney General may bring a civil action in any appropriate district court of the United States for such relief as may be appropriate, including injunctive relief. (3) Income eligibility standards No income eligibility standard may be im- posed upon individuals with respect to eligi- bility for assistance or services supported with funds appropriated to carry out this chapter. No fees may be levied for assistance or serv- ices provided with funds appropriated to carry out this chapter. (4) Match No grant shall be made under this section to any entity other than a State or an Indian tribe unless the entity agrees that, with re- spect to the costs to be incurred by the entity in carrying out the program or project for which the grant is awarded, the entity will make available (directly or through donations from public or private entities) non-Federal contributions in an amount that is not less than $1 for every $5 of Federal funds provided under the grant. The non-Federal contribu- tions required under this paragraph may be in cash or in kind. (5) Nondisclosure of confidential or private in- formation (A) In general In order to ensure the safety of adult, youth, and child victims of family violence, domestic violence, or dating violence, and their families, grantees and subgrantees under this chapter shall protect the con- fidentiality and privacy of such victims and their families. (B) Nondisclosure Subject to subparagraphs (C), (D), and (E), grantees and subgrantees shall not— (i) disclose any personally identifying in- formation collected in connection with services requested (including services uti- lized or denied), through grantees’ and sub- grantees’ programs; or (ii) reveal personally identifying infor- mation without informed, written, reason- ably time-limited consent by the person about whom information is sought, wheth- er for this program or any other Federal or State grant program, which consent— (I) shall be given by— (aa) the person, except as provided in item (bb) or (cc); (bb) in the case of an unemancipated minor, the minor and the minor’s par- ent or guardian; or (cc) in the case of an individual with a guardian, the individual’s guardian; and (II) may not be given by the abuser or suspected abuser of the minor or indi- vidual with a guardian, or the abuser or suspected abuser of the other parent of the minor. (C) Release If release of information described in sub- paragraph (B) is compelled by statutory or court mandate— (i) grantees and subgrantees shall make reasonable attempts to provide notice to victims affected by the release of the in- formation; and (ii) grantees and subgrantees shall take steps necessary to protect the privacy and safety of the persons affected by the re- lease of the information. (D) Information sharing Grantees and subgrantees may share— (i) nonpersonally identifying informa- tion, in the aggregate, regarding services to their clients and demographic non- personally identifying information in order to comply with Federal, State, or tribal reporting, evaluation, or data col- lection requirements; (ii) court-generated information and law enforcement-generated information con- tained in secure, governmental registries for protective order enforcement purposes; and (iii) law enforcement- and prosecution- generated information necessary for law enforcement and prosecution purposes. (E) Oversight Nothing in this paragraph shall prevent the Secretary from disclosing grant activi- ties authorized in this chapter to the Com- mittee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate and exercising congressional oversight authority. In making all such dis- closures, the Secretary shall protect the confidentiality of individuals and omit per- sonally identifying information, including location information about individuals and shelters. (F) Statutorily permitted reports of abuse or neglect Nothing in this paragraph shall prohibit a grantee or subgrantee from reporting abuse and neglect, as those terms are defined by law, where mandated or expressly permitted by the State or Indian tribe involved. (G) Preemption Nothing in this paragraph shall be con- strued to supersede any provision of any Federal, State, tribal, or local law that pro- vides greater protection than this paragraph for victims of family violence, domestic vio- lence, or dating violence. (H) Confidentiality of location The address or location of any shelter fa- cility assisted under this chapter that other- wise maintains a confidential location shall, except with written authorization of the per- son or persons responsible for the operation of such shelter, not be made public. (6) Supplement not supplant Federal funds made available to a State or Indian tribe under this chapter shall be used 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