
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-386 Section 1102(a)(2)]
[Document affected by Public Law 106-386 Section 1103(b)(2)]
[CITE: 42USC3796gg-1]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
 
     SUBCHAPTER XII-H--GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN
 
Sec. 3796gg-1. State grants


(a) General grants

    The Attorney General may make grants to States, for use by States, 
units of local government, nonprofit nongovernmental victim services 
programs, and Indian tribal governments for the purposes described in 
section 3796gg(b) of this title.

(b) Amounts

    Of the amounts appropriated for the purposes of this subchapter--
        (1) 4 percent shall be available for grants to Indian tribal 
    governments;
        (2) $500,000 shall be available for grants to applicants in each 
    State; and
        (3) the remaining funds shall be available for grants to 
    applicants in each State in an amount that bears the same ratio to 
    the amount of remaining funds as the population of the State bears 
    to the population of all of the States that results from a 
    distribution among the States on the basis of each State's 
    population in relation to the population of all States (not 
    including populations of Indian tribes).

(c) Qualification

    Upon satisfying the terms of subsection (d) of this section, any 
State shall be qualified for funds provided under this subchapter upon 
certification that--
        (1) the funds shall be used for any of the purposes described in 
    section 3796gg(b) of this title;
        (2) grantees and subgrantees shall develop a plan for 
    implementation and shall consult and coordinate with nonprofit, 
    nongovernmental victim services programs, including sexual assault 
    and domestic violence victim services programs;
        (3) at least 25 percent of the amount granted shall be 
    allocated, without duplication, to each of the following 3 areas: 
    prosecution, law enforcement, and victim services; and
        (4) any Federal funds received under this subchapter shall be 
    used to supplement, not supplant, non-Federal funds that would 
    otherwise be available for activities funded under this 
    subchapter.\1\
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    \1\ See References in Text note below.
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(d) Application requirements

    The application requirements provided in section 3763 \1\ of this 
title shall apply to grants made under this subchapter. In addition, 
each application shall include the certifications of qualification 
required by subsection (c) of this section, including documentation from 
nonprofit, nongovernmental victim services programs, describing their 
participation in developing the plan required by subsection (c)(2) of 
this section. An application shall include--
        (1) documentation from the prosecution, law enforcement, and 
    victim services programs to be assisted, demonstrating--
            (A) need for the grant funds;
            (B) intended use of the grant funds;
            (C) expected results from the use of grant funds; and
            (D) demographic characteristics of the populations to be 
        served, including age, marital status, disability, race, 
        ethnicity and language background;

        (2) proof of compliance with the requirements for the payment of 
    forensic medical exams provided in section 3796gg-4 of this title; 
    and
        (3) proof of compliance with the requirements for paying filing 
    and service fees for domestic violence cases provided in section 
    3796gg-5 of this title.

(e) Disbursement

                           (1) In general

        Not later than 60 days after the receipt of an application under 
    this subchapter, the Attorney General shall--
            (A) disburse the appropriate sums provided for under this 
        subchapter; or
            (B) inform the applicant why the application does not 
        conform to the terms of section 3763 \1\ of this title or to the 
        requirements of this section.

                           (2) Regulations

        In disbursing monies under this subchapter, the Attorney General 
    shall issue regulations to ensure that States will--
            (A) give priority to areas of varying geographic size with 
        the greatest showing of need based on the availability of 
        existing domestic violence and sexual assault programs in the 
        population and geographic area to be served in relation to the 
        availability of such programs in other such populations and 
        geographic areas;
            (B) determine the amount of subgrants based on the 
        population and geographic area to be served;
            (C) equitably distribute monies on a geographic basis 
        including nonurban and rural areas of various geographic sizes; 
        and
            (D) recognize and address the needs of underserved 
        populations.

(f) Federal share

    The Federal share of a grant made under this subchapter \1\ may not 
exceed 75 percent of the total costs of the projects described in the 
application submitted.

(g) Indian tribes

    Funds appropriated by the Congress for the activities of any agency 
of an Indian tribal government or of the Bureau of Indian Affairs 
performing law enforcement functions on any Indian lands may be used to 
provide the non-Federal share of the cost of programs or projects funded 
under this subchapter.

(h) Grantee reporting

                           (1) In general

        Upon completion of the grant period under this subchapter, a 
    State or Indian tribal grantee shall file a performance report with 
    the Attorney General explaining the activities carried out, which 
    report shall include an assessment of the effectiveness of those 
    activities in achieving the purposes of this subchapter.

            (2) Certification by grantee and subgrantees

        A section of the performance report shall be completed by each 
    grantee and subgrantee that performed the direct services 
    contemplated in the application, certifying performance of direct 
    services under the grant.

                      (3) Suspension of funding

        The Attorney General shall suspend funding for an approved 
    application if--
            (A) an applicant fails to submit an annual performance 
        report;
            (B) funds are expended for purposes other than those 
        described in this subchapter; or
            (C) a report under paragraph (1) or accompanying assessments 
        demonstrate to the Attorney General that the program is 
        ineffective or financially unsound.

(Pub. L. 90-351, title I, Sec. 2002, as added Pub. L. 103-322, title IV, 
Sec. 40121(a)(3), Sept. 13, 1994, 108 Stat. 1911.)

                       References in Text

    This subchapter, referred to in subsecs. (c)(4), the second place it 
appears, and (f), was in the original ``this subtitle'', and was 
translated as reading ``this part'', meaning part T of title I of Pub. 
L. 90-351, to reflect the probable intent of Congress. Title I of Pub. 
L. 90-351 does not contain subtitles.
    Section 3763 of this title, referred to in subsecs. (d) and 
(e)(1)(B), was in the original ``section 513'', and was translated as 
reading ``section 517'', meaning section 517 of title I of Pub. L. 90-
351, to reflect the probable intent of Congress. Pub. L. 90-351 does not 
contain a section 513, but section 3763 of this title was section 513 of 
Pub. L. 90-351 prior to renumbering as section 517 by Pub. L. 101-647, 
title XVIII, Sec. 1801(a)(6), Nov. 29, 1990, 104 Stat. 4847.
