§10407 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The state's top elected official (for example, the governor) or a tribal official chosen to apply for funds must send an application to the federal Secretary when and how the Secretary asks. The application must explain how the state or tribe will follow the program rules, promise that no more than 5 percent of the grant will pay administrative costs, and promise that the rest will go to approved local groups for approved activities. It must say the state will favor community nonprofit projects that run shelters or give counseling, advocacy, and self-help services to victims and their families. A state must also promise fair grant distribution between regions, work with the State Domestic Violence Coalition, show how it will involve community groups that help underserved people, describe how funds will reduce family, domestic, and dating violence (including shelter, support, and prevention), name the agency or official in charge, and say it has a way to keep an abuser out of a shared home. The Secretary must approve any application that meets these rules. If the application is missing required items, the Secretary will notify the applicant within 45 days and give up to 6 months to fix problems. If problems are not fixed, grant payments will be held until the issues are corrected. State and tribal domestic violence coalitions may help check compliance. If an approved applicant fails to send the yearly performance report or uses funds for the wrong purposes, the Secretary can suspend funding after following the notice-and-correction process.

Title 42, §10407

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)The chief executive officer of a State seeking 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 reasonably require.

(2)Each such application shall—

(A)provide a description of the procedures that have been developed to ensure compliance with the provisions of section 10406(c) and 10408(d) of this title;

(B)provide, with respect to funds described 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 distributed 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 carried out by nonprofit private organizations and that—

(I)have as their primary purpose the operation of shelters for victims of family violence, domestic violence, and dating violence, and their dependents; or

(II)provide counseling, advocacy, and self-help services to victims of family violence, domestic violence, and dating violence, 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 between 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 programs and projects;

(E)describe how the State or Indian tribe will involve community-based organizations, whose primary purpose is to provide culturally 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 designed to reduce family violence, domestic violence, and dating violence, including how funds will be used to provide shelter, supportive 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 responsible 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 abuser from a shared household or a household of the abused person, which may include eviction laws or procedures, where appropriate; and

(I)meet such requirements as the Secretary reasonably determines are necessary to carry out the objectives and provisions of this chapter.

(b)(1)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)The Secretary shall give such notice, within 45 days after the date of submission of the application, if any of the provisions of subsection (a) or section 10406 of this title have not been satisfied in such application. If the State or Indian tribe does not correct the deficiencies in such application within the 6-month period following the receipt of the Secretary’s notice, the Secretary shall withhold payment of any grant funds under section 10406 of this title to such State or under section 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 Domestic Violence Coalitions, or comparable coalitions for Indian tribes, shall be permitted to participate in determining whether grantees for corresponding States or Indian tribes are in compliance with subsection (a) and section 10406(c) of this title, except that no funds made available under section 10411 of this title shall be used to challenge a determination about whether a grantee is in compliance with, or to seek the enforcement of, the requirements of this chapter.

(4)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 expended 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).

Notes & Related Subsidiaries

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 information 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 amendment of this chapter by Pub. L. 111–320.

§10407 State Application

Summary

Title 42, §10407

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata