
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10402]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 110--FAMILY VIOLENCE PREVENTION AND SERVICES
 
Sec. 10402. State grants authorized


(a) Authority of Secretary; application; requirements; approval

    (1) In order to assist in supporting the establishment, maintenance, 
and expansion of programs and projects to prevent incidents of family 
violence and to provide immediate shelter and related assistance for 
victims of family violence and their dependents, the Secretary is 
authorized, in accordance with the provisions of this chapter, to make 
grants to States.
    (2) No grant may be made under this subsection unless the chief 
executive officer of the State seeking such grant submits an application 
to the Secretary at such time and in such manner as the Secretary may 
reasonably require. Each such application shall--
        (A) provide that funds provided under this subsection will be 
    distributed in grants to local public agencies and nonprofit private 
    organizations (including religious and charitable organizations, and 
    voluntary associations) for programs and projects within such State 
    to prevent incidents of family violence and to provide immediate 
    shelter and related assistance for victims of family violence and 
    their dependents in order to prevent future violent incidents;
        (B) provide, with respect to funds provided to a State under 
    this subsection for any fiscal year, that--
            (i) not more than 5 percent of such funds will be used for 
        State administrative costs; and
            (ii) in the distribution of funds by the State under this 
        subsection, the State will give special emphasis to the support 
        of community-based projects of demonstrated effectiveness 
        carried out by nonprofit private organizations, the primary 
        purpose of which is to operate shelters for victims of family 
        violence and their dependents, and those which provide 
        counseling, advocacy, and self-help services to victims and 
        their children.\1\
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    \1\ So in original. The period probably should be a semicolon.

        (C) set forth procedures designed to involve State domestic 
    violence coalitions \2\ knowledgeable individuals \2\ and interested 
    organizations and assure an equitable distribution of grants and 
    grant funds within the State and between urban and rural areas 
    within such State and a plan to address the needs of underserved 
    populations, including populations underserved because of ethnic, 
    racial, cultural, language diversity or geographic isolation;
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    \2\ So in original. Probably should be followed by a comma.
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        (D) specify the State agency to be designated as responsible for 
    the administration of programs and activities relating to family 
    violence which are carried out by the State under this chapter and 
    for coordination of related programs within the State;
        (E) provide documentation that procedures have been developed, 
    and implemented including copies of the policies and procedure, to 
    assure the confidentiality of records pertaining to any individual 
    provided family violence prevention or treatment services by any 
    program assisted under this chapter and provide assurances that the 
    address or location of any shelter-facility assisted under this 
    chapter will, except with written authorization of the person or 
    persons responsible for the operation of such shelter, not be made 
    public;
        (F) provide documentation to the Secretary that the State has a 
    law or procedure that has been implemented for the eviction of an 
    abusing spouse from a share household;
        (G) meet such requirements as the Secretary reasonably 
    determines are necessary to carry out the purposes and provisions of 
    this chapter.

    (3) The Secretary shall approve any application that meets the 
requirements of this subsection, and the Secretary shall not disapprove 
any such application except after reasonable notice of the Secretary's 
intention to disapprove and after a 6-month period providing an 
opportunity for correction of any deficiencies. The Secretary shall 
provide such notice within 45 days of the date of the application if any 
of the provisions of paragraph (2) have not been satisfied in such 
application. If the State has not corrected the deficiencies in such 
application within the 6-month period following the receipt of the 
Secretary's notice of intention to disapprove, the Secretary shall 
withhold payment of any grant funds to such State until the date that is 
30 days prior to the end of the fiscal year for which such grant funds 
are appropriated or until such time as the State provides documentation 
that the deficiencies have been corrected, whichever occurs first. State 
Domestic Violence Coalitions shall be permitted to participate in 
determining whether a grantee is in compliance with paragraph (2), 
except that no funds made available to State Domestic Violence 
Coalitions under section 10410 of this title shall be used to challenge 
a determination as to whether a grantee is in compliance with, or to 
seek the enforcement of, the eligibility requirements of such paragraph.
    (4) Upon completion of the activities funded by a grant under this 
subpart,\3\ the State grantee shall file a performance report with the 
Director explaining the activities carried out together with an 
assessment of the effectiveness of those activities in achieving the 
purposes of this subpart.\3\ A section of this performance report shall 
be completed by each grantee or subgrantee that performed the direct 
services contemplated in the application certifying performance of 
direct services under the grant. The Director shall suspend funding for 
an approved application if an applicant fails to submit an annual 
performance report or if the funds are expended for purposes other than 
those set forth under this subpart,\3\ after following the procedures 
set forth in paragraph (3). Federal funds may be used only to 
supplement, not supplant, State funds.
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    \3\ See References in Text note below.
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(b) Indian tribes and tribal organizations; application

    (1) The Secretary, from amounts appropriated to carry out this 
section, shall make available not less than 10 percent of such amounts 
to make grants to Indian tribes, tribal organizations \4\ and nonprofit 
private organizations approved by an Indian Tribe \5\ for the operation 
of a family violence shelter on a Reservation \5\ for projects designed 
to prevent family violence and to provide immediate shelter and related 
assistance for victims of family violence and their dependents.
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    \4\ So in original. Probably should be followed by a comma.
    \5\ So in original. Probably should not be capitalized.
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    (2) No grant may be made under this subsection unless an application 
is made to the Secretary at such time, in such manner, and containing or 
accompanied by such information as the Secretary deems essential to 
carry out the purposes and provisions of this chapter. Such application 
shall comply, as applicable, with the provisions of clauses (C) (with 
respect only to involving knowledgeable individuals and organizations), 
(D), (E) and (F) of subsection (a)(2) of this section. No entity 
eligible to submit an application under paragraph (1) shall be 
prohibited from making an application during any fiscal year for which 
funds are available because such entity has not previously applied or 
received funding under this section.
    (3) In the case of a project for which the initial application for a 
demonstration grant under this subsection is made on or after May 28, 
1992, the terms ``Indian tribe'' and ``tribal organization'', for 
purposes of this subsection, have the meaning given such terms in 
section 450b of title 25.

(c) Direct payments to victims or dependents

    No funds provided through demonstration grants made under this 
section may be used as direct payment to any victim of family violence 
or to any dependent of such victim.

(d) Income eligibility standards

    No income eligibility standard may be imposed upon individuals with 
respect to eligibility for assistance or services supported with funds 
appropriated to carry out this chapter.

(e) Grants to entities other than States; local share

    No grant may be made under this section to any entity other than a 
State or an Indian Tribe \5\ unless the entity provides for the 
following non-Federal matching local share as a proportion of the total 
amount of funds provided under this chapter to the project involved: 
with respect to an entity operating an existing program under this 
chapter, not less than 20 percent, and with respect to an entity 
intending to operate a new program under this chapter, not less than 35 
percent. The local share required under this subsection may be in cash 
or in-kind. The local share may not include any Federal funds provided 
under any authority other than this chapter.

(f) Shelter and related assistance

    The Secretary shall assure that not less than 70 percent of the 
funds distributed under subsection (a) or (b) of this section shall be 
distributed to entities for the purpose of providing immediate shelter 
and related assistance to victims of family violence and their 
dependents as defined in section 10408(4) of this title. Not less than 
25 percent of the funds distributed under subsection (a) or (b) of this 
section shall be distributed for the purpose of providing related 
assistance as defined under section 10408(5)(A) of this title.

(Pub. L. 98-457, title III, Sec. 303, Oct. 9, 1984, 98 Stat. 1757; Pub. 
L. 100-294, title III, Sec. 302, Apr. 25, 1988, 102 Stat. 124; Pub. L. 
102-295, title III, Secs. 303-309(a), 310, 311(a), May 28, 1992, 106 
Stat. 201-203; Pub. L. 103-322, title IV, Sec. 40271, Sept. 13, 1994, 
108 Stat. 1937; Pub. L. 104-235, title II, Sec. 201, Oct. 3, 1996, 110 
Stat. 3089.)

                       References in Text

    This subpart, referred to in subsec. (a)(4), is unidentifiable in 
the original because title III of Pub. L. 98-457 does not contain 
subparts.

                          Codification

    May 28, 1992, referred to in subsec. (b)(3), was in the original 
``the date of the enactment of the Child Abuse Programs, Adoption 
Opportunities, and Family Violence Prevention Amendments Act of 1992'', 
which was translated as meaning the date of enactment of Pub. L. 102-
295, known as the Child Abuse, Domestic Violence, Adoption and Family 
Services Act of 1992, which enacted subsec. (b)(3), to reflect the 
probable intent of Congress.


                               Amendments

    1996--Subsec. (e). Pub. L. 104-235 substituted ``following non-
Federal matching local share'' for ``following local share'' and ``with 
respect to an entity operating an existing program under this chapter, 
not less than 20 percent, and with respect to an entity intending to 
operate a new program under this chapter, not less than 35 percent'' for 
``20 percent in the first year such project receives a grant under this 
chapter, 35 percent in the second such year, and 50 percent in the third 
such year and in any such year thereafter. Except in the case of a 
public entity, not less than 25 percent of the local share of such 
agency or organization shall be raised from private sources''.
    1994--Subsec. (a)(2)(C). Pub. L. 103-322, Sec. 40271(a), inserted 
``and a plan to address the needs of underserved populations, including 
populations underserved because of ethnic, racial, cultural, language 
diversity or geographic isolation'' after ``such State''.
    Subsec. (a)(4). Pub. L. 103-322, Sec. 40271(b), added par. (4).
    1992--Subsec. (a)(1). Pub. L. 102-295, Sec. 303(1), substituted 
``grants'' for ``demonstration grants''.
    Subsec. (a)(2). Pub. L. 102-295, Sec. 303(2)(A), in introductory 
provisions substituted ``grant'' for ``demonstration grant'' after 
``No''.
    Subsec. (a)(2)(A). Pub. L. 102-295, Sec. 303(2)(B), which directed 
the substitution of ``grant'' for ``demonstration grant'' was executed 
by substituting ``grants'' for ``demonstration grants'', to reflect the 
probable intent of Congress.
    Subsec. (a)(2)(B)(ii). Pub. L. 102-295, Sec. 303(2)(C), substituted 
``the primary purpose of which is to operate shelters for victims of 
family violence and their dependents, and those which provide 
counseling, advocacy, and self-help services to victims and their 
children.'' for ``particularly those projects the primary purpose of 
which is to operate shelters for victims of family violence and their 
dependents, and those which provide counseling, alcohol and drug abuse 
treatment, and self-help services to abusers and victims;''.
    Subsec. (a)(2)(C). Pub. L. 102-295, Sec. 304, inserted ``State 
domestic violence coalitions'' after ``involve''.
    Subsec. (a)(2)(E). Pub. L. 102-295, Sec. 305, substituted 
``documentation that procedures have been developed, and implemented 
including copies of the policies and procedure,'' for ``assurances that 
procedures will be developed''.
    Subsec. (a)(2)(F). Pub. L. 102-295, Sec. 306, amended subpar. (F) 
generally. Prior to amendment, subpar. (F) read as follows: ``provide 
assurances that, within one year after receipt of funds under this 
subsection, the State will, provide assurances to the Secretary that the 
State has or has under consideration a procedure for the eviction of an 
abusing spouse from a shared residence; and''.
    Subsec. (a)(3). Pub. L. 102-295, Sec. 307, inserted ``a 6-month 
period providing an'' before ``opportunity'' and inserted at end ``The 
Secretary shall provide such notice within 45 days of the date of the 
application if any of the provisions of paragraph (2) have not been 
satisfied in such application. If the State has not corrected the 
deficiencies in such application within the 6-month period following the 
receipt of the Secretary's notice of intention to disapprove, the 
Secretary shall withhold payment of any grant funds to such State until 
the date that is 30 days prior to the end of the fiscal year for which 
such grant funds are appropriated or until such time as the State 
provides documentation that the deficiencies have been corrected, 
whichever occurs first. State Domestic Violence Coalitions shall be 
permitted to participate in determining whether a grantee is in 
compliance with paragraph (2), except that no funds made available to 
State Domestic Violence Coalitions under section 10410 of this title 
shall be used to challenge a determination as to whether a grantee is in 
compliance with, or to seek the enforcement of, the eligibility 
requirements of such paragraph.''
    Subsec. (b)(1). Pub. L. 102-295, Sec. 308(1), substituted ``The 
Secretary, from amounts appropriated to carry out this section, shall 
make available not less than 10 percent of such amounts to make grants 
to Indian tribes, tribal organizations and nonprofit private 
organizations approved by an Indian Tribe for the operation of a family 
violence shelter on a Reservation'' for ``The Secretary is authorized to 
make demonstration grants to Indian tribes and tribal organizations''.
    Subsec. (b)(2). Pub. L. 102-295, Sec. 308(2), substituted ``grant'' 
for ``demonstration grant'' and ``(E) and (F)'' for ``and (E)'' and 
inserted at end ``No entity eligible to submit an application under 
paragraph (1) shall be prohibited from making an application during any 
fiscal year for which funds are available because such entity has not 
previously applied or received funding under this section.''
    Subsec. (b)(3). Pub. L. 102-295, Sec. 308(3), added par. (3).
    Subsec. (c). Pub. L. 102-295, Sec. 309(a), redesignated subsec. (d) 
as (c) and struck out former subsec. (c) which read as follows: ``No 
demonstration grant may be made under this section in any fiscal year to 
any single entity (other than to a State) for an amount in excess of 
$50,000, and the total amount of such grants to any such single entity 
may not exceed $150,000.''
    Subsec. (d). Pub. L. 102-295, Sec. 309(a)(2), redesignated subsec. 
(e) as (d). Former subsec. (d) redesignated (c).
    Subsec. (e). Pub. L. 102-295, Secs. 309(a)(2), 310, redesignated 
subsec. (f) as (e) and substituted ``No grant'' for ``No demonstration 
grant'', ``State or an Indian Tribe'' for ``State'', ``20 percent'' for 
``35 percent'', ``35 percent'' for ``55 percent'', ``and 50 percent in 
the third such year and in any such year thereafter'' for ``and 65 
percent in the third such year'', and ``25 percent'' for ``50 percent''. 
Former subsec. (e) redesignated (d).
    Subsecs. (f), (g). Pub. L. 102-295, Secs. 309(a)(2), 311(a), 
redesignated subsec. (g) as (f), substituted ``70 percent'' for ``60 
percent'', and inserted before period ``as defined in section 10408(4) 
of this title. Not less than 25 percent of the funds distributed under 
subsection (a) or (b) of this section shall be distributed for the 
purpose of providing related assistance as defined under section 
10408(5)(A) of this title''. Former subsec. (f) redesignated (e).
    1988--Subsec. (c). Pub. L. 100-294 struck out provision that a 
single entity not be awarded demonstration grants under this section for 
a total period in excess of three fiscal years.


                    Effective Date of 1992 Amendment

    Section 309(b) of Pub. L. 102-295 provided that: ``The amendments 
made by subsection (a) [amending this section] are effective in the case 
of amounts appropriated for fiscal year 1992 and subsequent fiscal 
years.''

                  Section Referred to in Other Sections

    This section is referred to in sections 10403, 10405, 10409, 10410, 
10412 of this title.
