---
kind: "range"
citation: "42 U.S.C. §§ 10401–10412"
title: "42"
from: "10401"
to: "10412"
count: 12
release: "119-102"
url: "https://uscodex.org/usc/42/10401..10412"
---

# §10401. Short title; purpose

- (a) **Short title—** This chapter may be cited as the “[Family Violence](/usc/42/10402.md?p=4) Prevention and Services Act”.
- (b) **Purpose—** It is the purpose of this chapter to—
  - (1) assist [States](/usc/42/10402.md?p=10) and [Indian tribes](/usc/42/10402.md?p=5) in efforts to increase public awareness about, and primary and secondary prevention of, [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2);
  - (2) assist [States](/usc/42/10402.md?p=10) and [Indian tribes](/usc/42/10402.md?p=5) in efforts to provide immediate [shelter](/usc/42/10402.md?p=9) and [supportive services](/usc/42/10402.md?p=12) for victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2), and their dependents;
  - (3) provide for a national [domestic violence](/usc/42/10402.md?p=3) hotline;
  - (4) provide for technical assistance and [training](/usc/42/285e–2.md?p=b-2) relating to [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2) [programs](/usc/42/274l–1.md?p=4) to [States](/usc/42/10402.md?p=10) and [Indian tribes](/usc/42/10402.md?p=5), local [public agencies](/usc/42/11851.md?p=8) (including law enforcement agencies, courts, and legal, social service, and health care professionals in [public agencies](/usc/42/11851.md?p=8)), nonprofit private organizations (including faith-based and charitable organizations, community-based organizations, and voluntary associations), [tribal organizations](/usc/42/10402.md?p=5), and other [persons](/usc/42/1320a–7k.md?p=d-4-C-i) seeking such assistance and [training](/usc/42/285e–2.md?p=b-2).

# §10402. Definitions


In this chapter:

- (1) **Alaska Native—** The term “Alaska Native” has the meaning given the term “Native” in [section 1602 of title 43](/usc/43/1602.md).
- (2) **Dating violence—** The term “dating violence” has the meaning given such term in [section 12291(a) of this title](https://uscode.house.gov/view.xhtml?req=(/us/usc/t42/s12291/a)).
- (3) **Domestic violence—** The term “domestic violence” has the meaning given such term in [section 12291(a) of this title](https://uscode.house.gov/view.xhtml?req=(/us/usc/t42/s12291/a)).
- (4) **Family violence—** The term “family violence” means any act or threatened act of violence, including any forceful detention of an individual, that—
  - (A) results or threatens to result in physical injury; and
  - (B) is committed by a [person](/usc/42/1320a–7k.md?p=d-4-C-i) against another individual (including an elderly individual) to or with whom such [person](/usc/42/1320a–7k.md?p=d-4-C-i)—
    - (i) is related by blood;
    - (ii) is or was related by marriage or is or was otherwise legally related; or
    - (iii) is or was lawfully residing.
- (5) **Indian; Indian tribe; tribal organization—** The terms “Indian”, “Indian tribe”, and “tribal organization” have the meanings given such terms in [section 5304 of title 25](/usc/25/5304.md).
- (6) **Native Hawaiian—** The term “Native Hawaiian” has the meaning given the term in [section 7517 of title 20](/usc/20/7517.md).
- (7) **Personally identifying information—** The term “personally identifying information” has the meaning given the term in [section 12291(a) of this title](https://uscode.house.gov/view.xhtml?req=(/us/usc/t42/s12291/a)).
- (8) **Secretary—** The term “Secretary” means the Secretary of Health and Human Services.
- (9) **Shelter—** The term “shelter” means the provision of temporary refuge and [supportive services](#12) in compliance with applicable [State](#10) law (including regulation) governing the provision, on a regular basis, of shelter, safe homes, meals, and [supportive services](#12) to victims of [family violence](#4), [domestic violence](#3), or [dating violence](#2), and their dependents.
- (10) **State—** The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and, except as otherwise provided, Guam, American Samoa, the [United States](/usc/42/403.md?p=k) Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
- (11) **State Domestic Violence Coalition—** The term “State Domestic Violence Coalition” means a statewide nongovernmental nonprofit private [domestic violence](#3) organization that—
  - (A) has a membership that includes a majority of the primary-purpose [domestic violence](#3) service providers in the [State](#10);
  - (B) has [board](/usc/42/10261.md?p=2) membership that is [representative](/usc/42/3058f.md?p=5) of primary-purpose [domestic violence](#3) service providers, and which may include [representatives](/usc/42/3058f.md?p=5) of the communities in which the services are being provided in the [State](#10);
  - (C) has as its purpose to provide education, support, and technical assistance to such service providers to enable the providers to establish and maintain [shelter](#9) and [supportive services](#12) for victims of [domestic violence](#3) and their dependents; and
  - (D) serves as an information clearinghouse, primary point of contact, and resource center on [domestic violence](#3) for the [State](#10) and supports the development of polices, protocols, and procedures to enhance [domestic violence](#3) intervention and prevention in the [State](#10).
- (12) **Supportive services—** The term “supportive services” means services for adult and youth victims of [family violence](#4), [domestic violence](#3), or [dating violence](#2), and dependents exposed to [family violence](#4), [domestic violence](#3), or [dating violence](#2), that are designed to—
  - (A) meet the needs of such victims of [family violence](#4), [domestic violence](#3), or [dating violence](#2), and their dependents, for short-term, transitional, or long-term safety; and
  - (B) provide counseling, advocacy, or assistance for victims of [family violence](#4), [domestic violence](#3), or [dating violence](#2), and their dependents.
- (13) **Tribally designated official—** The term “tribally designated official” means an individual designated by an [Indian tribe](#5), [tribal organization](#5), or nonprofit private organization authorized by an [Indian tribe](#5), to administer a grant under [section 10409 of this title](/usc/42/10409.md).
- (14) **Underserved populations—** The term “underserved populations” has the meaning given the term in [section 12291(a) of this title](https://uscode.house.gov/view.xhtml?req=(/us/usc/t42/s12291/a)). For the purposes of this chapter, the [Secretary](#8) has the same authority to determine whether a population is an underserved population as the [Attorney General](/usc/42/14902.md?p=6) has under that section 12291(a)[^1] of this title.

# §10403. Authorization of appropriations

- (a) **Formula grants to States—**
  - (1) **In general—** There is authorized to be appropriated to carry out [sections 10401 through 10412](/usc/42/10401..10412.md) of this title, $175,000,000 for each of fiscal years 2011 through 2015.
  - (2) **Allocations—**
    - (A) **Formula grants to States—**
      - (i) **Reservation of funds—** For any fiscal year for which the amounts appropriated under [paragraph (1)](#a-1) exceed $130,000,000, not less than 25 percent of such excess [funds](/usc/42/12854.md?p=3) shall be made available to carry out [section 10412 of this title](/usc/42/10412.md).
      - (ii) **Formula grants—** Of the amounts appropriated under [paragraph (1)](#a-1) for a fiscal year and not reserved under [clause (i)](#a-2-A-i), not less than 70 percent shall be used for making grants under [section 10406(a) of this title](/usc/42/10406.md?p=a).
    - (B) **Grants to tribes—** Of the amounts appropriated under [paragraph (1)](#a-1) for a fiscal year and not reserved under [subparagraph (A)(i)](#a-2-A-i), not less than 10 percent shall be used to carry out [section 10409 of this title](/usc/42/10409.md).
    - (C) **Technical assistance and training centers—** Of the amounts appropriated under [paragraph (1)](#a-1) for a fiscal year and not reserved under [subparagraph (A)(i)](#a-2-A-i), not less than 6 percent shall be used by the [Secretary](/usc/42/10402.md?p=8) for making grants under [section 10410 of this title](/usc/42/10410.md).
    - (D) **Grants for State Domestic Violence Coalitions—** Of the amounts appropriated under [paragraph (1)](#a-1) for a fiscal year and not reserved under [subparagraph (A)(i)](#a-2-A-i), not less than 10 percent of such amounts shall be used by the [Secretary](/usc/42/10402.md?p=8) for making grants under [section 10411 of this title](/usc/42/10411.md).
    - (E) **Administration, evaluation and monitoring—** Of the amount appropriated under [paragraph (1)](#a-1) for a fiscal year and not reserved under [subparagraph (A)(i)](#a-2-A-i), not more than 2.5 percent shall be used by the [Secretary](/usc/42/10402.md?p=8) for evaluation, monitoring, and other administrative costs under this chapter.
- (b) **National domestic violence hotline—** There is authorized to be appropriated to carry out [section 10413 of this title](/usc/42/10413.md) $3,500,000 for each of fiscal years 2011 through 2015.
- (c) **Domestic Violence Prevention Enhancement and Leadership Through Alliances—** There is authorized to be appropriated to carry out [section 10414 of this title](/usc/42/10414.md) $6,000,000 for each of fiscal years 2011 through 2015.
- (d) **Additional funding—** For the purposes of carrying out this chapter, in addition to amounts otherwise made available for such purposes, there are appropriated, out of any amounts in the Treasury not otherwise appropriated, for fiscal year 2021, to remain available until expended except as otherwise provided in this subsection, each of the following:
  - (1) $180,000,000 to carry out [sections 10401 through 10412](/usc/42/10401..10412.md) of this title, to be allocated in the manner described in [subsection (a)(2)](#a-2), except that—
    - (A) a reference in [subsection (a)(2)](#a-2) to an amount appropriated under [subsection (a)(1)](#a-1) shall be considered to be a reference to an amount appropriated under this paragraph;
    - (B) the matching requirement in [section 10406(c)(4) of this title](/usc/42/10406.md?p=c-4) and condition in [section 10408(d)(3)](/usc/42/10408.md)[^1] of this title shall not apply; and
    - (C) each reference in [section 10405(e) of this title](/usc/42/10405.md?p=e) to “the end of the following fiscal year” shall be considered to be a reference to “the end of fiscal year 2025”; and
    - (D) [funds](/usc/42/12854.md?p=3) made available to a [State](/usc/42/10402.md?p=10) in a grant under [section 10406(a) of this title](/usc/42/10406.md?p=a) and obligated in a timely manner shall be available for expenditure, by the [State](/usc/42/10402.md?p=10) or a [recipient](/usc/42/2996a.md?p=6) of [funds](/usc/42/12854.md?p=3) from the grant, through the end of fiscal year 2025;[^2]
  - (2) $18,000,000 to carry out [section 10409 of this title](/usc/42/10409.md).
  - (3) $2,000,000 to carry out [section 10413 of this title](/usc/42/10413.md), of which $1,000,000 shall be allocated to support [Indian](/usc/42/10402.md?p=5) communities.

# §10404. Authority of Secretary

- (a) **Authorities—** In order to carry out the provisions of this chapter, the [Secretary](/usc/42/10402.md?p=8) is authorized to—
  - (1) appoint and fix the compensation of such personnel as are necessary;
  - (2) procure, to the extent authorized by [section 3109 of title 5](/usc/5/3109.md), such temporary and intermittent services of experts and consultants as are necessary;
  - (3) make grants to [eligible entities](/usc/42/296.md?p=1) or enter into contracts with for-profit or nonprofit nongovernmental entities and establish reporting requirements for such grantees and contractors;
  - (4) prescribe such regulations and guidance as are reasonably necessary in order to carry out the objectives and provisions of this chapter, including regulations and guidance on implementing new grant conditions established or provisions [modified](/usc/42/7501.md?p=4) by amendments made to this chapter by the CAPTA Reauthorization Act of 2010, to ensure accountability and transparency of the actions of grantees and contractors, or as determined by the [Secretary](/usc/42/10402.md?p=8) to be reasonably necessary to carry out this chapter; and
  - (5) coordinate [programs](/usc/42/274l–1.md?p=4) within the Department of Health and Human Services, and seek to coordinate those [programs](/usc/42/274l–1.md?p=4) with [programs](/usc/42/274l–1.md?p=4) administered by other Federal agencies, that involve or affect efforts to prevent [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2) or the provision of assistance for adult and youth victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2).
- (b) **Administration—** The [Secretary](/usc/42/10402.md?p=8) shall—
  - (1) assign 1 or more [employees](/usc/42/1320a–7h.md?p=e-7) of the Department of Health and Human Services to carry out the provisions of this chapter, including carrying out evaluation and monitoring under this chapter, which [employees](/usc/42/1320a–7h.md?p=e-7) shall, prior to such appointment, have expertise in the field of [family violence](/usc/42/10402.md?p=4) and [domestic violence](/usc/42/10402.md?p=3) prevention and services and, to the extent practicable, have expertise in the field of [dating violence](/usc/42/10402.md?p=2);
  - (2) provide technical assistance in the conduct of [programs](/usc/42/274l–1.md?p=4) for the prevention and [treatment](/usc/42/11851.md?p=11) of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2);
  - (3) provide for and coordinate research into the most effective approaches to the intervention in and prevention of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2), by—
    - (A) consulting with experts and [program](/usc/42/274l–1.md?p=4) providers within the [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2) field to identify gaps in research and knowledge, establish research priorities, and disseminate research findings;
    - (B) collecting and reporting data on the provision of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2) services, including assistance and [programs](/usc/42/274l–1.md?p=4) supported by Federal [funds](/usc/42/12854.md?p=3) made available under this chapter and by other governmental or nongovernmental sources of [funds](/usc/42/12854.md?p=3); and
    - (C) coordinating [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2) research efforts within the Department of Health and Human Services with relevant research administered or carried out by other Federal agencies and other researchers, including research on the provision of assistance for adult and youth victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2); and
  - (4) support the development and implementation of effective policies, protocols, and [programs](/usc/42/274l–1.md?p=4) within the Department and at other Federal agencies that address the safety and support needs of adult and youth victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2).
- (c) **Reports—** Every 2 years, the [Secretary](/usc/42/10402.md?p=8) shall review and evaluate the activities conducted by grantees, subgrantees, and contractors under this chapter and the effectiveness of the [programs](/usc/42/274l–1.md?p=4) administered pursuant to this chapter, and submit a report containing the evaluation to the Committee on Education and Labor of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committee on Health, Education, Labor, and Pensions of the Senate. Such report shall also include a summary of the documentation provided to the [Secretary](/usc/42/10402.md?p=8) through performance reports submitted under [section 10406(d) of this title](/usc/42/10406.md?p=d). The [Secretary](/usc/42/10402.md?p=8) shall make publicly available on the Department of Health and Human Services website the evaluation reports submitted to Congress under this subsection, including the summary of the documentation provided to the [Secretary](/usc/42/10402.md?p=8) under [section 10406(d) of this title](/usc/42/10406.md?p=d).

# §10405. Allotment of funds

- (a) **In general—** From the sums appropriated under [section 10403 of this title](/usc/42/10403.md) and available for grants to [States](#f) under [section 10406(a) of this title](/usc/42/10406.md?p=a) for any fiscal year—
  - (1) Guam, American Samoa, the [United States](/usc/42/403.md?p=k) Virgin Islands, and the Commonwealth of the Northern Mariana Islands shall each be allotted not less than ⅛ of 1 percent of the amounts available for grants under [section 10406(a) of this title](/usc/42/10406.md?p=a) for the fiscal year for which the allotment is made; and
  - (2) each [State](#f) shall be allotted for a grant under [section 10406(a) of this title](/usc/42/10406.md?p=a), $600,000, with the remaining [funds](/usc/42/12854.md?p=3) to be allotted to each [State](#f) in an amount that bears the same ratio to such remaining [funds](/usc/42/12854.md?p=3) as the population of such [State](#f) bears to the population of all [States](#f).
- (b) **Population—** For the purpose of this section, the population of each [State](/usc/42/10402.md?p=10), and the total population of all the [States](/usc/42/10402.md?p=10), shall be determined by the [Secretary](/usc/42/10402.md?p=8) on the basis of the most recent census data available to the [Secretary](/usc/42/10402.md?p=8), and the [Secretary](/usc/42/10402.md?p=8) shall use for such purpose, if available, the annual interim current census data produced by the [Secretary](/usc/42/10402.md?p=8) of [Commerce](/usc/42/6311.md?p=7) pursuant to [section 181 of title 13](/usc/13/181.md).
- (c) **Ratable reduction—** If the sums appropriated under [section 10403 of this title](/usc/42/10403.md) for any fiscal year and available for grants to [States](/usc/42/10402.md?p=10) under [section 10406(a) of this title](/usc/42/10406.md?p=a) are not sufficient to pay in full the total amounts that all [States](/usc/42/10402.md?p=10) are entitled to receive under [subsection (a)](#a) for such fiscal year, then the maximum amounts that all [States](/usc/42/10402.md?p=10) are entitled to receive under [subsection (a)](#a) for such fiscal year shall be ratably reduced. In the event that additional [funds](/usc/42/12854.md?p=3) become available for making such grants for any fiscal year during which the preceding sentence is applicable, such reduced amounts shall be increased on the same basis as they were reduced.
- (d) **Reallotment—** If, at the end of the sixth month of any fiscal year for which sums are appropriated under [section 10403 of this title](/usc/42/10403.md), the amount allotted to a [State](/usc/42/10402.md?p=10) has not been made available to such [State](/usc/42/10402.md?p=10) in a grant under [section 10406(a) of this title](/usc/42/10406.md?p=a) because of the failure of such [State](/usc/42/10402.md?p=10) to meet the requirements for such a grant, then the [Secretary](/usc/42/10402.md?p=8) shall reallot such amount to [States](/usc/42/10402.md?p=10) that meet such requirements.
- (e) **Continued availability of funds—** All [funds](/usc/42/12854.md?p=3) allotted to a [State](/usc/42/10402.md?p=10) for a fiscal year under this section, and made available to such [State](/usc/42/10402.md?p=10) in a grant under [section 10406(a) of this title](/usc/42/10406.md?p=a), shall remain available for obligation by the [State](/usc/42/10402.md?p=10) until the end of the following fiscal year. All such [funds](/usc/42/12854.md?p=3) that are not obligated by the [State](/usc/42/10402.md?p=10) by the end of the following fiscal year shall be made available to the [Secretary](/usc/42/10402.md?p=8) for discretionary activities under [section 10414 of this title](/usc/42/10414.md). Such [funds](/usc/42/12854.md?p=3) shall remain available for obligation, and for expenditure by a [recipient](/usc/42/2996a.md?p=6) of the [funds](/usc/42/12854.md?p=3) under [section 10414 of this title](/usc/42/10414.md), for not more than 1 year from the date on which the [funds](/usc/42/12854.md?p=3) are made available to the [Secretary](/usc/42/10402.md?p=8).
- (f) **Definition—** In [subsection (a)(2)](#a-2), the term “[State](/usc/42/10402.md?p=10)” does not include any jurisdiction specified in [subsection (a)(1)](#a-1).

# §10406. Formula grants to States

- (a) **Formula grants to States—** The [Secretary](/usc/42/10402.md?p=8) shall award grants to [States](/usc/42/10402.md?p=10) in order to assist in supporting the establishment, maintenance, and expansion of [programs](/usc/42/274l–1.md?p=4) and [projects](/usc/42/11360.md?p=20)—
  - (1) to prevent incidents of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2);
  - (2) to provide immediate [shelter](/usc/42/10402.md?p=9), [supportive services](/usc/42/10402.md?p=12), and access to community-based [programs](/usc/42/274l–1.md?p=4) for victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2), and their dependents; and
  - (3) to provide specialized services for [children](/usc/42/256e.md?p=g-2) exposed to [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2), [underserved populations](/usc/42/10402.md?p=14), and victims who are members of [racial and ethnic minority populations](/usc/42/295p.md?p=25).
- (b) **Administrative expenses—**
  - (1) **Administrative costs—** Each [State](/usc/42/10402.md?p=10) may use not more than 5 percent of the [grant funds](/usc/42/5106a.md?p=f-1-B) for [State](/usc/42/10402.md?p=10) administrative costs.
  - (2) **Subgrants to eligible entities—** The [State](/usc/42/10402.md?p=10) shall use the remainder of the [grant funds](/usc/42/5106a.md?p=f-1-B) to make subgrants to [eligible entities](/usc/42/296.md?p=1) for approved purposes as described in [section 10408 of this title](/usc/42/10408.md).
- (c) **Grant conditions—**
  - (1) **Approved activities—** In carrying out the activities under this chapter, grantees and subgrantees may collaborate with and provide information to Federal, [State](/usc/42/10402.md?p=10), local, and tribal public officials and agencies, in accordance with limitations on disclosure of confidential or private information as described in [paragraph (5)](#c-5), to develop and implement policies to reduce or eliminate [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2).
  - (2) **Discrimination prohibited—**
    - (A) **Application of civil rights provisions—** For the purpose of applying the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 ([42 U.S.C. 6101](/usc/42/6101.md) et seq.), on the basis of disability under section 504 of the Rehabilitation Act of 1973 ([29 U.S.C. 794](/usc/29/794.md)), on the basis of sex under title IX of the Education Amendments of 1972 ([20 U.S.C. 1681](/usc/20/1681.md) et seq.), or on the basis of race, color, or national origin under title VI of the Civil Rights Act of 1964 ([42 U.S.C. 2000d](/usc/42/2000d.md) et seq.), [programs](/usc/42/274l–1.md?p=4) and activities funded in whole or in part with [funds](/usc/42/12854.md?p=3) made available under this chapter are considered to be [programs](/usc/42/274l–1.md?p=4) and activities receiving Federal financial assistance.
    - (B) **Prohibition on discrimination on basis of sex, religion—**
      - (i) **In general—** No [person](/usc/42/1320a–7k.md?p=d-4-C-i) 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 activity](/usc/42/2000cc–5.md?p=6) funded in whole or in part with [funds](/usc/42/12854.md?p=3) made available under this chapter. Nothing in this chapter shall require any such [program or activity](/usc/42/2000cc–5.md?p=6) to include any individual in any [program or activity](/usc/42/2000cc–5.md?p=6) without taking into consideration that individual’s sex in those certain instances where sex is a bona fide occupational qualification or programmatic factor reasonably necessary to the normal or safe operation of that particular [program or activity](/usc/42/2000cc–5.md?p=6).
      - (ii) **Enforcement—** The [Secretary](/usc/42/10402.md?p=8) shall enforce the provisions of [clause (i)](#c-2-B-i) in accordance with section 602 of the Civil Rights Act of 1964 ([42 U.S.C. 2000d–1](/usc/42/2000d–1.md)). [Section 603](/usc/42/603.md) of such Act ([42 U.S.C. 2000d–2](/usc/42/2000d–2.md)) shall apply with respect to any action taken by the [Secretary](/usc/42/10402.md?p=8) to enforce 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](/usc/42/10402.md?p=8) finds that a [State](/usc/42/10402.md?p=10), [Indian tribe](/usc/42/10402.md?p=5), or other entity that has received financial assistance under this chapter has failed to comply with a provision of law referred to in [subparagraph (A)](#c-2-A), with [subparagraph (B)](#c-2-B), or with an applicable regulation (including one prescribed to carry out [subparagraph (B)](#c-2-B)), the [Secretary](/usc/42/10402.md?p=8) shall notify the [chief executive officer](/usc/42/12511.md?p=9) of the [State](/usc/42/10402.md?p=10) involved or the [tribally designated official](/usc/42/10402.md?p=13) 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](/usc/42/12511.md?p=9) or official fails or refuses to secure compliance, the [Secretary](/usc/42/10402.md?p=8) may—
      - (i) refer the matter to the [Attorney General](/usc/42/14902.md?p=6) with a recommendation that an appropriate 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](/usc/42/2000d.md) et seq.), the Age Discrimination Act of 1975 ([42 U.S.C. 6101](/usc/42/6101.md) et seq.), sections 504 and 505 of the Rehabilitation Act of 1973 [[29 U.S.C. 794](/usc/29/794.md), 794a], or title IX of the Education Amendments of 1972 ([20 U.S.C. 1681](/usc/20/1681.md) et seq.), as may be applicable; or
      - (iii) take such other action as may be provided by law.
    - (D) **Enforcement authority of Attorney General—** When a matter is referred to the [Attorney General](/usc/42/14902.md?p=6) pursuant to [subparagraph (C)(i)](#c-2-C-i), or whenever the [Attorney General](/usc/42/14902.md?p=6) has reason to believe that a [State](/usc/42/10402.md?p=10), an [Indian tribe](/usc/42/10402.md?p=5), or an entity described in [subparagraph (C)](#c-2-C) is engaged in a pattern or practice in [violation](/usc/42/2000e–16a.md?p=c) of a provision of law referred to in [subparagraph (A)](#c-2-A) or in [violation](/usc/42/2000e–16a.md?p=c) of [subparagraph (B)](#c-2-B), the [Attorney General](/usc/42/14902.md?p=6) may bring a civil action in any appropriate district court of the [United States](/usc/42/403.md?p=k) for such relief as may be appropriate, including injunctive relief.
  - (3) **Income eligibility standards—** No [income](/usc/42/292s.md?p=c-4) eligibility [standard](/usc/42/1320d.md?p=7) may be imposed upon individuals with respect to eligibility for assistance or services supported with [funds](/usc/42/12854.md?p=3) appropriated to carry out this chapter. No fees may be levied for assistance or services provided with [funds](/usc/42/12854.md?p=3) appropriated to carry out this chapter.
  - (4) **Match—** No grant shall be made under this section to any entity other than a [State](/usc/42/10402.md?p=10) or an [Indian tribe](/usc/42/10402.md?p=5) unless the entity agrees that, with respect to the costs to be incurred by the entity in carrying out the [program](/usc/42/274l–1.md?p=4) or [project](/usc/42/11360.md?p=20) for which the grant is awarded, the entity will make available (directly or through donations from public or [private entities](/usc/42/12181.md?p=6)) non-Federal contributions in an amount that is not less than $1 for every $5 of Federal [funds](/usc/42/12854.md?p=3) provided under the grant. The non-Federal contributions required under this paragraph may be in cash or in kind.
  - (5) **Nondisclosure of confidential or private information—**
    - (A) **In general—** In order to ensure the safety of adult, youth, and [child](/usc/42/416.md?p=e) victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2), and their [families](/usc/42/12704.md?p=11), grantees and subgrantees under this chapter shall protect the confidentiality and privacy of such victims and their [families](/usc/42/12704.md?p=11).
    - (B) **Nondisclosure—** Subject to subparagraphs [(C)](#c-5-C), [(D)](#c-5-D), and [(E)](#c-5-E), grantees and subgrantees shall not—
      - (i) disclose any [personally identifying information](/usc/42/10402.md?p=7) collected in connection with services requested (including services utilized or denied), through grantees’ and subgrantees’ [programs](/usc/42/274l–1.md?p=4); or
      - (ii) reveal [personally identifying information](/usc/42/10402.md?p=7) without informed, written, reasonably time-limited consent by the [person](/usc/42/1320a–7k.md?p=d-4-C-i) about whom information is sought, whether for this [program](/usc/42/274l–1.md?p=4) or any other Federal or [State](/usc/42/10402.md?p=10) grant [program](/usc/42/274l–1.md?p=4), which consent—
        - (I) shall be given by—
          - (aa) the [person](/usc/42/1320a–7k.md?p=d-4-C-i), except as provided in item [(bb)](#c-5-B-ii-I-bb) or [(cc)](#c-5-B-ii-I-cc);
          - (bb) in the case of an unemancipated minor, the minor and the minor’s [parent](/usc/42/1396a.md?p=k-3) 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 individual with a guardian, or the abuser or suspected abuser of the other [parent](/usc/42/1396a.md?p=k-3) of the minor.
    - (C) **Release—** If [release](/usc/42/9601.md?p=22) of information described in [subparagraph (B)](#c-5-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](/usc/42/9601.md?p=22) of the information; and
      - (ii) grantees and subgrantees shall take steps necessary to protect the privacy and safety of the [persons](/usc/42/1320a–7k.md?p=d-4-C-i) affected by the [release](/usc/42/9601.md?p=22) of the information.
    - (D) **Information sharing—** Grantees and subgrantees may share—
      - (i) nonpersonally identifying information, in the aggregate, regarding services to their clients and demographic nonpersonally identifying information in order to comply with Federal, [State](/usc/42/10402.md?p=10), or tribal reporting, evaluation, or data collection requirements;
      - (ii) court-generated information and law enforcement-generated information contained in secure, governmental [registries](/usc/42/6341.md?p=6) 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](/usc/42/10402.md?p=8) from disclosing grant activities authorized in this chapter to the Committee on Education and Labor of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committee on Health, Education, Labor, and Pensions of the Senate and exercising congressional oversight authority. In making all such disclosures, the [Secretary](/usc/42/10402.md?p=8) shall protect the confidentiality of individuals and omit [personally identifying information](/usc/42/10402.md?p=7), including location information about individuals and [shelters](/usc/42/10402.md?p=9).
    - (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](/usc/42/10402.md?p=10) or [Indian tribe](/usc/42/10402.md?p=5) involved.
    - (G) **Preemption—** Nothing in this paragraph shall be construed to supersede any provision of any Federal, [State](/usc/42/10402.md?p=10), tribal, or local law that provides greater protection than this paragraph for victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2).
    - (H) **Confidentiality of location—** The address or location of any [shelter](/usc/42/10402.md?p=9) [facility](/usc/42/11049.md?p=4) assisted under this chapter that otherwise maintains a confidential location shall, except with written [authorization](/usc/42/4370m.md?p=3) of the [person](/usc/42/1320a–7k.md?p=d-4-C-i) or [persons](/usc/42/1320a–7k.md?p=d-4-C-i) responsible for the operation of such [shelter](/usc/42/10402.md?p=9), not be made public.
  - (6) **Supplement not supplant—** Federal [funds](/usc/42/12854.md?p=3) made available to a [State](/usc/42/10402.md?p=10) or [Indian tribe](/usc/42/10402.md?p=5) under this chapter shall be used to supplement and not supplant other Federal, [State](/usc/42/10402.md?p=10), tribal, and local public [funds](/usc/42/12854.md?p=3) expended to provide services and activities that promote the objectives of this chapter.
- (d) **Reports and evaluation—** Each grantee shall submit an annual performance report to the [Secretary](/usc/42/10402.md?p=8) at such time as shall be reasonably required by the [Secretary](/usc/42/10402.md?p=8). Such performance report shall describe the grantee and subgrantee activities that have been carried out with [grant funds](/usc/42/5106a.md?p=f-1-B) made available under [subsection (a)](#a) or [section 10409 of this title](/usc/42/10409.md), contain an evaluation of the effectiveness of such activities, and provide such additional information as the [Secretary](/usc/42/10402.md?p=8) may reasonably require.

# §10407. State application

- (a) **Application—**
  - (1) **In general—** The [chief executive officer](/usc/42/12511.md?p=9) of a [State](/usc/42/10402.md?p=10) seeking [funds](/usc/42/12854.md?p=3) under [section 10406(a) of this title](/usc/42/10406.md?p=a) or a [tribally designated official](/usc/42/10402.md?p=13) seeking [funds](/usc/42/12854.md?p=3) under [section 10409(a) of this title](/usc/42/10409.md?p=a) shall submit an application to the [Secretary](/usc/42/10402.md?p=8) at such time and in such manner as the [Secretary](/usc/42/10402.md?p=8) may reasonably require.
  - (2) **Contents—** Each such application shall—
    - (A) provide a description of the procedures that have been developed to ensure compliance with the provisions of sections [10406(c)](/usc/42/10406.md?p=c) and [10408(d)](/usc/42/10408.md?p=d) of this title;
    - (B) provide, with respect to [funds](/usc/42/12854.md?p=3) described in [paragraph (1)](#a-1), assurances that—
      - (i) not more than 5 percent of such [funds](/usc/42/12854.md?p=3) will be used for administrative costs;
      - (ii) the remaining [funds](/usc/42/12854.md?p=3) will be distributed to [eligible entities](/usc/42/296.md?p=1) as described in [section 10408(a) of this title](/usc/42/10408.md?p=a) for approved activities as described in [section 10408(b) of this title](/usc/42/10408.md?p=b); and
      - (iii) in the distribution of [funds](/usc/42/12854.md?p=3) by a [State](/usc/42/10402.md?p=10) under [section 10408(a) of this title](/usc/42/10408.md?p=a), the [State](/usc/42/10402.md?p=10) will give special emphasis to the support of community-based [projects](/usc/42/11360.md?p=20) of demonstrated effectiveness, that are carried out by nonprofit private organizations and that—
        - (I) have as their primary purpose the operation of [shelters](/usc/42/10402.md?p=9) for victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2), and their dependents; or
        - (II) provide counseling, advocacy, and self-help services to victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2), and their dependents;
    - (C) in the case of an application submitted by a [State](/usc/42/10402.md?p=10), provide an assurance that there will be an equitable distribution of grants and [grant funds](/usc/42/5106a.md?p=f-1-B) within the [State](/usc/42/10402.md?p=10) and between urban and rural areas within such [State](/usc/42/10402.md?p=10);
    - (D) in the case of an application submitted by a [State](/usc/42/10402.md?p=10), provide an assurance that the [State](/usc/42/10402.md?p=10) will consult with and provide for the participation of the [State Domestic Violence Coalition](/usc/42/10402.md?p=11) in the planning and monitoring of the distribution of grants to [eligible entities](/usc/42/296.md?p=1) as described in [section 10408(a) of this title](/usc/42/10408.md?p=a) and the administration of the grant [programs](/usc/42/274l–1.md?p=4) and [projects](/usc/42/11360.md?p=20);
    - (E) describe how the [State](/usc/42/10402.md?p=10) or [Indian tribe](/usc/42/10402.md?p=5) will involve community-based organizations, whose primary purpose is to provide culturally appropriate services to [underserved populations](/usc/42/10402.md?p=14), including how such community-based organizations can assist the [State](/usc/42/10402.md?p=10) or [Indian tribe](/usc/42/10402.md?p=5) in addressing the unmet needs of such populations;
    - (F) describe how activities and services provided by the [State](/usc/42/10402.md?p=10) or [Indian tribe](/usc/42/10402.md?p=5) are designed to reduce [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2), including how [funds](/usc/42/12854.md?p=3) will be used to provide [shelter](/usc/42/10402.md?p=9), [supportive services](/usc/42/10402.md?p=12), and prevention services in accordance with [section 10408(b) of this title](/usc/42/10408.md?p=b);
    - (G) specify the [State agency](/usc/42/1396r–8.md?p=k-9) or [tribally designated official](/usc/42/10402.md?p=13) to be designated as responsible for the administration of [programs](/usc/42/274l–1.md?p=4) and activities relating to [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2), that are carried out by the [State](/usc/42/10402.md?p=10) or [Indian tribe](/usc/42/10402.md?p=5) under this chapter, and for coordination of related [programs](/usc/42/274l–1.md?p=4) within the jurisdiction of the [State](/usc/42/10402.md?p=10) or [Indian tribe](/usc/42/10402.md?p=5);
    - (H) provide an assurance that the [State](/usc/42/10402.md?p=10) or [Indian tribe](/usc/42/10402.md?p=5) has a law or procedure to bar an abuser from a shared household or a household of the abused [person](/usc/42/1320a–7k.md?p=d-4-C-i), which may include eviction laws or procedures, where appropriate; and
    - (I) meet such requirements as the [Secretary](/usc/42/10402.md?p=8) reasonably determines are necessary to carry out the objectives and provisions of this chapter.
- (b) **Approval of application—**
  - (1) **In general—** The [Secretary](/usc/42/10402.md?p=8) shall approve any application that meets the requirements of [subsection (a)](#a) and [section 10406 of this title](/usc/42/10406.md). The [Secretary](/usc/42/10402.md?p=8) shall not disapprove any application under this subsection unless the [Secretary](/usc/42/10402.md?p=8) gives the applicant reasonable notice of the [Secretary](/usc/42/10402.md?p=8)’s intention to disapprove and a 6-month period providing an opportunity for correction of any deficiencies.
  - (2) **Correction of deficiencies—** The [Secretary](/usc/42/10402.md?p=8) shall give such notice, within 45 days after the date of submission of the application, if any of the provisions of [subsection (a)](#a) or [section 10406 of this title](/usc/42/10406.md) have not been satisfied in such application. If the [State](/usc/42/10402.md?p=10) or [Indian tribe](/usc/42/10402.md?p=5) does not correct the deficiencies in such application within the 6-month period following the receipt of the [Secretary](/usc/42/10402.md?p=8)’s notice, the [Secretary](/usc/42/10402.md?p=8) shall withhold payment of any [grant funds](/usc/42/5106a.md?p=f-1-B) under [section 10406 of this title](/usc/42/10406.md) to such [State](/usc/42/10402.md?p=10) or under [section 10409 of this title](/usc/42/10409.md) to such [Indian tribe](/usc/42/10402.md?p=5) until such date as the [State](/usc/42/10402.md?p=10) or [Indian tribe](/usc/42/10402.md?p=5) provides documentation that the deficiencies have been corrected.
  - (3) **State or tribal Domestic Violence Coalition participation in determinations of compliance—** [State Domestic Violence Coalitions](/usc/42/10402.md?p=11), or comparable coalitions for [Indian tribes](/usc/42/10402.md?p=5), shall be permitted to participate in determining whether grantees for corresponding [States](/usc/42/10402.md?p=10) or [Indian tribes](/usc/42/10402.md?p=5) are in compliance with [subsection (a)](#a) and [section 10406(c) of this title](/usc/42/10406.md?p=c), except that no [funds](/usc/42/12854.md?p=3) made available under [section 10411 of this title](/usc/42/10411.md) 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) **Failure to report; nonconforming expenditures—** The [Secretary](/usc/42/10402.md?p=8) shall suspend funding for an approved application if the applicant fails to submit an annual performance report under [section 10406(d) of this title](/usc/42/10406.md?p=d), or if [funds](/usc/42/12854.md?p=3) are expended for purposes other than those set forth in [section 10406(b) of this title](/usc/42/10406.md?p=b), after following the procedures set forth in paragraphs [(1)](#b-1), [(2)](#b-2), and [(3)](#b-3).

# §10408. Subgrants and uses of funds

- (a) **Subgrants—** A [State](/usc/42/10402.md?p=10) that receives a grant under [section 10406(a) of this title](/usc/42/10406.md?p=a) shall use [grant funds](/usc/42/5106a.md?p=f-1-B) described in [section 10406(b)(2) of this title](/usc/42/10406.md?p=b-2) to provide subgrants to [eligible entities](/usc/42/296.md?p=1) for [programs](/usc/42/274l–1.md?p=4) and [projects](/usc/42/11360.md?p=20) within such [State](/usc/42/10402.md?p=10), that is[^1] designed to prevent incidents of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2) by providing immediate [shelter](/usc/42/10402.md?p=9) and [supportive services](/usc/42/10402.md?p=12) for adult and youth victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2) (and their dependents), and that may provide prevention services to prevent future incidents of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2).
- (b) **Use of funds—**
  - (1) **In general—** [Funds](/usc/42/12854.md?p=3) awarded to [eligible entities](/usc/42/296.md?p=1) under [subsection (a)](#a) shall be used to provide [shelter](/usc/42/10402.md?p=9), [supportive services](/usc/42/10402.md?p=12), or prevention services to adult and youth victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2), and their dependents, which may include—
    - (A) provision, on a regular basis, of immediate [shelter](/usc/42/10402.md?p=9) and related [supportive services](/usc/42/10402.md?p=12) to adult and youth victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2), and their dependents, including paying for the operating and administrative expenses of the [facilities](/usc/42/11049.md?p=4) for such [shelter](/usc/42/10402.md?p=9);
    - (B) assistance in developing safety plans, and supporting efforts of victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2) to make decisions related to their ongoing safety and well-being;
    - (C) provision of individual and group counseling, peer support groups, and referral to community-based services to assist [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2) victims, and their dependents, in recovering from the effects of the violence;
    - (D) provision of services, [training](/usc/42/285e–2.md?p=b-2), technical assistance, and outreach to increase awareness of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2) and increase the accessibility of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2) services;
    - (E) provision of culturally and linguistically appropriate services;
    - (F) provision of services for [children](/usc/42/256e.md?p=g-2) exposed to [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2), including age-appropriate counseling, [supportive services](/usc/42/10402.md?p=12), and services for the nonabusing [parent](/usc/42/1396a.md?p=k-3) that support that [parent](/usc/42/1396a.md?p=k-3)’s role as a caregiver, which may, as appropriate, include services that work with the nonabusing [parent](/usc/42/1396a.md?p=k-3) and [child](/usc/42/416.md?p=e) together;
    - (G) provision of advocacy, case management services, and information and referral services, concerning issues related to [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2) intervention and prevention, including—
      - (i) assistance in accessing related Federal and [State](/usc/42/10402.md?p=10) financial assistance [programs](/usc/42/274l–1.md?p=4);
      - (ii) legal advocacy to assist victims and their dependents;
      - (iii) medical advocacy, including provision of referrals for appropriate health care services (including mental health, alcohol, and [drug](/usc/42/282.md?p=j-1-A-vii) abuse [treatment](/usc/42/11851.md?p=11)), but which shall not include reimbursement for any health care services;
      - (iv) assistance locating and securing safe and affordable permanent [housing](/usc/42/1490p–2.md?p=r-3) and homelessness prevention services;
      - (v) provision of transportation, [child](/usc/42/416.md?p=e) care, respite care, job [training](/usc/42/285e–2.md?p=b-2) and employment services, financial literacy services and education, financial planning, and related economic empowerment services; and
      - (vi) parenting and other educational services for victims and their dependents; and
    - (H) prevention services, including outreach to [underserved populations](/usc/42/10402.md?p=14).
  - (2) **Shelter and supportive services—** Not less than 70 percent of the [funds](/usc/42/12854.md?p=3) distributed by a [State](/usc/42/10402.md?p=10) under [subsection (a)](#a) shall be distributed to entities for the primary purpose of providing immediate [shelter](/usc/42/10402.md?p=9) and [supportive services](/usc/42/10402.md?p=12) to adult and youth victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2), and their dependents, as described in [paragraph (1)(A)](#b-1-A). Not less than 25 percent of the [funds](/usc/42/12854.md?p=3) distributed by a [State](/usc/42/10402.md?p=10) under [subsection (a)](#a) shall be distributed to entities for the purpose of providing [supportive services](/usc/42/10402.md?p=12) and prevention services as described in [subparagraphs (B) through (H)](#b-1-B..b-1-H) of paragraph (1).
- (c) **Eligible entities—** To be eligible to receive a subgrant from a [State](/usc/42/10402.md?p=10) under this section, an entity shall be—
  - (1) a local [public agency](/usc/42/11851.md?p=8), or a nonprofit private organization (including faith-based and charitable organizations, community-based organizations, [tribal organizations](/usc/42/10402.md?p=5), and voluntary associations), that assists victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2), and their dependents, and has a documented history of effective work concerning [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2); or
  - (2) a partnership of 2 or more agencies or organizations that includes—
    - (A) an agency or organization described in [paragraph (1)](#c-1); and
    - (B) an agency or organization that has a demonstrated history of serving populations in their communities, including providing culturally appropriate services.
- (d) **Conditions—**
  - (1) **Direct payments to victims or dependants—** No [funds](/usc/42/12854.md?p=3) provided under this chapter may be used as direct payment to any victim of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2), or to any dependent of such victim.
  - (2) **Voluntarily accepted services—** Receipt of [supportive services](/usc/42/10402.md?p=12) under this chapter shall be voluntary. No condition may be applied for the receipt of emergency [shelter](/usc/42/10402.md?p=9) as described in [subsection (b)(1)(A)](#b-1-A).

# §10409. Grants for Indian tribes

- (a) **Grants authorized—** The [Secretary](/usc/42/10402.md?p=8), in consultation with [tribal governments](/usc/42/804.md?p=d-3) pursuant to Executive Order No. 13175 ([25 U.S.C. 450](/usc/25/450.md) note)[^1] and in accordance with [section 20126 of title 34](/usc/34/20126.md), shall continue to award grants for [Indian tribes](/usc/42/10402.md?p=5) from amounts appropriated under [section 10403(a)(2)(B) of this title](/usc/42/10403.md?p=a-2-B) to carry out this section.
- (b) **Eligible entities—** To be eligible to receive a grant under this section, an entity shall be an [Indian tribe](/usc/42/10402.md?p=5), or a [tribal organization](/usc/42/10402.md?p=5) or nonprofit private organization authorized by an [Indian tribe](/usc/42/10402.md?p=5). An [Indian tribe](/usc/42/10402.md?p=5) shall have the option to authorize a [tribal organization](/usc/42/10402.md?p=5) or a nonprofit private organization to submit an application and administer the [grant funds](/usc/42/5106a.md?p=f-1-B) awarded under this section.
- (c) **Conditions—** Each [recipient](/usc/42/2996a.md?p=6) of such a grant shall comply with requirements that are consistent with the requirements applicable to grantees under [section 10406 of this title](/usc/42/10406.md).
- (d) **Grantee application—** To be eligible to receive a grant under this section, an entity shall submit an application to the [Secretary](/usc/42/10402.md?p=8) under [section 10407 of this title](/usc/42/10407.md) at such time, in such manner, and containing such information as the [Secretary](/usc/42/10402.md?p=8) determines to be essential to carry out the objectives and provisions of this chapter. The [Secretary](/usc/42/10402.md?p=8) shall approve any application that meets requirements consistent with the requirements of [section 10406(c) of this title](/usc/42/10406.md?p=c) and [section 10407(a) of this title](/usc/42/10407.md?p=a).
- (e) **Use of funds—** An amount provided under a grant to an [eligible entity](/usc/42/256a.md?p=l-1) shall be used for the services described in [section 10408(b) of this title](/usc/42/10408.md?p=b).

# §10410. National resource centers and training and technical assistance centers

- (a) **Purpose and grants authorized—**
  - (1) **Purpose—** The purpose of this section is to provide resource information, [training](/usc/42/285e–2.md?p=b-2), and technical assistance relating to the objectives of this chapter to improve the capacity of individuals, organizations, governmental entities, and communities to prevent [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2) and to provide effective intervention services.
  - (2) **Grants authorized—** From the amounts appropriated under this chapter and reserved under [section 10403(a)(2)(C) of this title](/usc/42/10403.md?p=a-2-C), the [Secretary](/usc/42/10402.md?p=8)—
    - (A) shall award grants to [eligible entities](/usc/42/296.md?p=1) for the establishment and maintenance of—
      - (i) 2 national resource centers (as provided for in [subsection (b)(1)](#b-1)); and
      - (ii) at least 7 special issue resource centers addressing key areas of [domestic violence](/usc/42/10402.md?p=3), and intervention and prevention (as provided for in [subsection (b)(2)](#b-2)); and
    - (B) may award grants, to—
      - (i) [State](/usc/42/10402.md?p=10) resource centers to reduce disparities in [domestic violence](/usc/42/10402.md?p=3) in [States](/usc/42/10402.md?p=10) with high proportions of [Indian](/usc/42/10402.md?p=5) (including [Alaska Native](/usc/42/10402.md?p=1)) or [Native Hawaiian](/usc/42/10402.md?p=6) populations (as provided for in [subsection (b)(3)](#b-3)); and
      - (ii) support [training](/usc/42/285e–2.md?p=b-2) and technical assistance that address emerging issues related to [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2), to entities demonstrating related expertise.
- (b) **Domestic violence resource centers—**
  - (1) **National resource centers—** In accordance with [subsection (a)(2)](#a-2), the [Secretary](/usc/42/10402.md?p=8) shall award grants to [eligible entities](/usc/42/296.md?p=1) for—
    - (A) a National Resource Center on [Domestic Violence](/usc/42/10402.md?p=3), which shall—
      - (i) offer a comprehensive array of technical assistance and [training](/usc/42/285e–2.md?p=b-2) resources to Federal, [State](/usc/42/10402.md?p=10), and local governmental agencies, [domestic violence](/usc/42/10402.md?p=3) service providers, community-based organizations, and other professionals and interested parties, related to [domestic violence](/usc/42/10402.md?p=3) service [programs](/usc/42/274l–1.md?p=4) and research, including [programs](/usc/42/274l–1.md?p=4) and research related to victims and their [children](/usc/42/256e.md?p=g-2) who are exposed to [domestic violence](/usc/42/10402.md?p=3); and
      - (ii) maintain a central resource library in order to collect, prepare, analyze, and disseminate information and statistics related to—
        - (I) the incidence and prevention of [family violence](/usc/42/10402.md?p=4) and [domestic violence](/usc/42/10402.md?p=3); and
        - (II) the provision of [shelter](/usc/42/10402.md?p=9), [supportive services](/usc/42/10402.md?p=12), and prevention services to adult and youth victims of [domestic violence](/usc/42/10402.md?p=3) (including services to prevent repeated incidents of violence); and
    - (B) a National [Indian](/usc/42/10402.md?p=5) Resource Center Addressing [Domestic Violence](/usc/42/10402.md?p=3) and Safety for [Indian](/usc/42/10402.md?p=5) Women, which shall—
      - (i) offer a comprehensive array of technical assistance and [training](/usc/42/285e–2.md?p=b-2) resources to [Indian tribes](/usc/42/10402.md?p=5) and [tribal organizations](/usc/42/10402.md?p=5), specifically designed to enhance the capacity of the tribes and organizations to respond to [domestic violence](/usc/42/10402.md?p=3) and the findings of [section 901](/usc/42/901.md) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ([42 U.S.C. 3796gg–10](/usc/42/3796gg–10.md) note);[^1]
      - (ii) enhance the intervention and prevention efforts of [Indian tribes](/usc/42/10402.md?p=5) and [tribal organizations](/usc/42/10402.md?p=5) to respond to [domestic violence](/usc/42/10402.md?p=3) and increase the safety of [Indian](/usc/42/10402.md?p=5) women in support of the purposes of [section 902](/usc/42/902.md) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 [[42 U.S.C. 3796gg–10](/usc/42/3796gg–10.md) note];[^1] and
      - (iii) coordinate activities with other Federal agencies, [offices](/usc/42/3058f.md?p=1), and grantees that address the needs of [Indians](/usc/42/10402.md?p=5) (including [Alaska Natives](/usc/42/10402.md?p=1)), and [Native Hawaiians](/usc/42/10402.md?p=6) that experience [domestic violence](/usc/42/10402.md?p=3), including the [Office](/usc/42/3058f.md?p=1) of Justice Services at the Bureau of [Indian](/usc/42/10402.md?p=5) Affairs, the [Indian](/usc/42/10402.md?p=5) Health Service of the Department of Health and Human Services, and the [Office](/usc/42/3058f.md?p=1) on Violence Against Women of the Department of Justice.
  - (2) **Special issue resource centers—** In accordance with [subsection (a)(2)(A)(ii)](#a-2-A-ii), the [Secretary](/usc/42/10402.md?p=8) shall award grants to [eligible entities](/usc/42/296.md?p=1) for special issue resource centers, which shall be national in scope and shall provide information, [training](/usc/42/285e–2.md?p=b-2), and technical assistance to [State](/usc/42/10402.md?p=10) and local [domestic violence](/usc/42/10402.md?p=3) service providers. Each special issue resource center shall focus on enhancing [domestic violence](/usc/42/10402.md?p=3) intervention and prevention efforts in at least one of the following areas:
    - (A) The response of the criminal and civil justice systems to [domestic violence](/usc/42/10402.md?p=3) victims, which may include the response to the use of the self-defense plea by [domestic violence](/usc/42/10402.md?p=3) victims and the issuance and use of protective orders.
    - (B) The response of [child](/usc/42/416.md?p=e) protective service agencies to victims of [domestic violence](/usc/42/10402.md?p=3) and their dependents and [child](/usc/42/416.md?p=e) custody issues in [domestic violence](/usc/42/10402.md?p=3) cases.
    - (C) The response of the interdisciplinary health care system to victims of [domestic violence](/usc/42/10402.md?p=3) and access to health care resources for victims of [domestic violence](/usc/42/10402.md?p=3).
    - (D) The response of mental health systems, [domestic violence](/usc/42/10402.md?p=3) service [programs](/usc/42/274l–1.md?p=4), and other related systems and [programs](/usc/42/274l–1.md?p=4) to victims of [domestic violence](/usc/42/10402.md?p=3) and to their [children](/usc/42/256e.md?p=g-2) who are exposed to [domestic violence](/usc/42/10402.md?p=3).
    - (E) In the case of 3 specific resource centers, enhancing [domestic violence](/usc/42/10402.md?p=3) intervention and prevention efforts for victims of [domestic violence](/usc/42/10402.md?p=3) who are members of [racial and ethnic minority groups](/usc/42/285t.md?p=c-3), to enhance the cultural and linguistic relevancy of service delivery, resource utilization, policy, research, technical assistance, community education, and prevention [initiatives](/usc/42/19131.md?p=1).
  - (3) **State resource centers to reduce tribal disparities—**
    - (A) **In general—** In accordance with [subsection (a)(2)](#a-2), the [Secretary](/usc/42/10402.md?p=8) may award grants to [eligible entities](/usc/42/296.md?p=1) for [State](/usc/42/10402.md?p=10) resource centers, which shall provide statewide information, [training](/usc/42/285e–2.md?p=b-2), and technical assistance to [Indian tribes](/usc/42/10402.md?p=5), [tribal organizations](/usc/42/10402.md?p=5), and local [domestic violence](/usc/42/10402.md?p=3) service organizations serving [Indians](/usc/42/10402.md?p=5) (including [Alaska Natives](/usc/42/10402.md?p=1)) or [Native Hawaiians](/usc/42/10402.md?p=6), in a culturally sensitive and relevant manner.
    - (B) **Requirements—** An [eligible entity](/usc/42/256a.md?p=l-1) shall use a grant provided under this paragraph—
      - (i) to offer a comprehensive array of technical assistance and [training](/usc/42/285e–2.md?p=b-2) resources to [Indian tribes](/usc/42/10402.md?p=5), [tribal organizations](/usc/42/10402.md?p=5), and providers of services to [Indians](/usc/42/10402.md?p=5) (including [Alaska Natives](/usc/42/10402.md?p=1)) or [Native Hawaiians](/usc/42/10402.md?p=6), specifically designed to enhance the capacity of the tribes, organizations, and providers to respond to [domestic violence](/usc/42/10402.md?p=3), including offering the resources in [States](/usc/42/10402.md?p=10) in which the population of [Indians](/usc/42/10402.md?p=5) (including [Alaska Natives](/usc/42/10402.md?p=1)) or [Native Hawaiians](/usc/42/10402.md?p=6) exceeds 2.5 percent of the total population of the [State](/usc/42/10402.md?p=10);
      - (ii) to coordinate all [projects](/usc/42/11360.md?p=20) and activities with the national resource center described in [paragraph (1)(B)](#b-1-B), including [projects](/usc/42/11360.md?p=20) and activities that involve working with nontribal [State](/usc/42/10402.md?p=10) and [local governments](/usc/42/8401a.md) to enhance their capacity to understand the unique needs of [Indians](/usc/42/10402.md?p=5) (including [Alaska Natives](/usc/42/10402.md?p=1)) and [Native Hawaiians](/usc/42/10402.md?p=6); and
      - (iii) to provide comprehensive community education and [domestic violence](/usc/42/10402.md?p=3) prevention [initiatives](/usc/42/19131.md?p=1) in a culturally sensitive and relevant manner.
- (c) **Eligibility—**
  - (1) **In general—** To be eligible to receive a grant under [subsection (b)(1)(A)](#b-1-A) or subparagraph [(A)](#b-2-A), [(B)](#b-2-B), [(C)](#b-2-C), or [(D)](#b-2-D) of subsection (b)(2), an entity shall be a nonprofit private organization that focuses primarily on [domestic violence](/usc/42/10402.md?p=3) and that—
    - (A) provides documentation to the [Secretary](/usc/42/10402.md?p=8) demonstrating experience working directly on issues of [domestic violence](/usc/42/10402.md?p=3), and (in the case of an entity seeking a grant under [subsection (b)(2)](#b-2)) demonstrating experience working directly in the corresponding specific special issue area described in [subsection (b)(2)](#b-2);
    - (B) includes on the entity’s advisory [board](/usc/42/10261.md?p=2) [representatives](/usc/42/3058f.md?p=5) who are from [domestic violence](/usc/42/10402.md?p=3) service [programs](/usc/42/274l–1.md?p=4) and who are geographically and culturally diverse; and
    - (C) demonstrates the strong support of [domestic violence](/usc/42/10402.md?p=3) service [programs](/usc/42/274l–1.md?p=4) from across the Nation for the entity’s designation as a national resource center or a special issue resource center, as appropriate.
  - (2) **National Indian Resource Center—** To be eligible to receive a grant under [subsection (b)(1)(B)](#b-1-B), an entity shall be a [tribal organization](/usc/42/10402.md?p=5) or a nonprofit private organization that focuses primarily on issues of [domestic violence](/usc/42/10402.md?p=3) within [Indian tribes](/usc/42/10402.md?p=5) and that submits documentation to the [Secretary](/usc/42/10402.md?p=8) demonstrating—
    - (A) experience working with [Indian tribes](/usc/42/10402.md?p=5) and [tribal organizations](/usc/42/10402.md?p=5) to respond to [domestic violence](/usc/42/10402.md?p=3) and the findings of [section 901](/usc/42/901.md) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ([42 U.S.C. 3796gg–10](/usc/42/3796gg–10.md) note);[^1]
    - (B) experience providing [Indian tribes](/usc/42/10402.md?p=5) and [tribal organizations](/usc/42/10402.md?p=5) with assistance in developing tribally-based prevention and intervention services addressing [domestic violence](/usc/42/10402.md?p=3) and safety for [Indian](/usc/42/10402.md?p=5) women consistent with the purposes of [section 902](/usc/42/902.md) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ([42 U.S.C. 3796gg–10](/usc/42/3796gg–10.md) note);[^1]
    - (C) strong support for the entity’s designation as the National [Indian](/usc/42/10402.md?p=5) Resource Center Addressing [Domestic Violence](/usc/42/10402.md?p=3) and Safety for [Indian](/usc/42/10402.md?p=5) Women from advocates working within [Indian tribes](/usc/42/10402.md?p=5) to address [domestic violence](/usc/42/10402.md?p=3) and the safety of [Indian](/usc/42/10402.md?p=5) women;
    - (D) a record of demonstrated effectiveness in assisting [Indian tribes](/usc/42/10402.md?p=5) and [tribal organizations](/usc/42/10402.md?p=5) with prevention and intervention services addressing [domestic violence](/usc/42/10402.md?p=3); and
    - (E) the capacity to serve [Indian tribes](/usc/42/10402.md?p=5) (including [Alaska Native](/usc/42/10402.md?p=1) villages and regional and village [corporations](/usc/42/2296b–7.md?p=1)) across the [United States](/usc/42/403.md?p=k).
  - (3) **Special issue resource centers concerned with racial and ethnic minority groups—** To be eligible to receive a grant under [subsection (b)(2)(E)](#b-2-E), an entity shall be an entity that—
    - (A) is a nonprofit private organization that focuses primarily on issues of [domestic violence](/usc/42/10402.md?p=3) in a racial or ethnic community, or is a public or private nonprofit educational institution that has a [domestic violence](/usc/42/10402.md?p=3) institute, center, or [program](/usc/42/274l–1.md?p=4) related to culturally specific issues in [domestic violence](/usc/42/10402.md?p=3); and
    - (B)
      - (i) has documented experience in the areas of [domestic violence](/usc/42/10402.md?p=3) prevention and services, and experience relevant to the specific racial or ethnic population to which information, [training](/usc/42/285e–2.md?p=b-2), technical assistance, and outreach would be provided under the grant;
      - (ii) demonstrates the strong support, of advocates from across the Nation who are working to address [domestic violence](/usc/42/10402.md?p=3); and
      - (iii) has a record of demonstrated effectiveness in enhancing the cultural and linguistic relevancy of service delivery.
  - (4) **State resource centers to reduce tribal disparities—** To be eligible to receive a grant under [subsection (b)(3)](#b-3), an entity shall—
    - (A)
      - (i) be located in a [State](/usc/42/10402.md?p=10) in which the population of [Indians](/usc/42/10402.md?p=5) (including [Alaska Natives](/usc/42/10402.md?p=1)) or [Native Hawaiians](/usc/42/10402.md?p=6) exceeds 10 percent of the total population of the [State](/usc/42/10402.md?p=10); or
      - (ii) be an [Indian tribe](/usc/42/10402.md?p=5), [tribal organization](/usc/42/10402.md?p=5), or [Native Hawaiian organization](/usc/42/280g–4c.md?p=a-6) that focuses primarily on issues of [domestic violence](/usc/42/10402.md?p=3) among [Indians](/usc/42/10402.md?p=5) or [Native Hawaiians](/usc/42/10402.md?p=6), or an [institution of higher education](/usc/42/6371h–1.md?p=a-4); and
    - (B) demonstrate the ability to serve all regions of the [State](/usc/42/10402.md?p=10), including underdeveloped areas and areas that are geographically distant from population centers.
- (d) **Reports and evaluation—** Each entity receiving a grant under this section shall submit a performance report to the [Secretary](/usc/42/10402.md?p=8) annually and in such manner as shall be reasonably required by the [Secretary](/usc/42/10402.md?p=8). Such performance report shall describe the activities that have been carried out with such [grant funds](/usc/42/5106a.md?p=f-1-B), contain an evaluation of the effectiveness of the activities, and provide such additional information as the [Secretary](/usc/42/10402.md?p=8) may reasonably require.

# §10411. Grants to State Domestic Violence Coalitions

- (a) **Grants—** The [Secretary](/usc/42/10402.md?p=8) shall award grants for the funding of [State Domestic Violence Coalitions](/usc/42/10402.md?p=11).
- (b) **Allotment of funds—**
  - (1) **In general—** From the amount appropriated under [section 10403(a)(2)(D) of this title](/usc/42/10403.md?p=a-2-D) for each fiscal year, the [Secretary](/usc/42/10402.md?p=8) shall allot to each of the 50 [States](/usc/42/10402.md?p=10), the District of Columbia, the Commonwealth of Puerto Rico, and each of the [covered territories](#b-2) an amount equal to <sup>1</sup>⁄<sub>56</sub> of the amount so appropriated for such fiscal year.
  - (2) **Definition—** For purposes of this subsection, the term “covered territories” means Guam, American Samoa, the [United States](/usc/42/403.md?p=k) Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
- (c) **Application—** Each [State Domestic Violence Coalition](/usc/42/10402.md?p=11) desiring a grant under this section shall submit an application to the [Secretary](/usc/42/10402.md?p=8) at such time, in such manner, and containing such information as the [Secretary](/usc/42/10402.md?p=8) determines to be essential to carry out the objectives of this section. The application submitted by the coalition for the grant shall provide documentation of the coalition’s work, satisfactory to the [Secretary](/usc/42/10402.md?p=8), demonstrating that the coalition—
  - (1) meets all of the applicable requirements set forth in this chapter; and
  - (2) demonstrates the ability to conduct appropriately all activities described in this section, as indicated by—
    - (A) documented experience in administering Federal grants to conduct the activities described in [subsection (d)](#d); or
    - (B) a documented history of active participation in the activities described in paragraphs [(1)](#d-1), [(3)](#d-3), [(4)](#d-4), and [(5)](#d-5) of subsection (d) and a demonstrated capacity to conduct the activities described in [subsection (d)(2)](#d-2).
- (d) **Use of funds—** A coalition that receives a grant under this section shall use the [grant funds](/usc/42/5106a.md?p=f-1-B) for administration and operations to further the purposes of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2) intervention and prevention, through activities that shall include—
  - (1) working with local [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2) service [programs](/usc/42/274l–1.md?p=4) and providers of direct services to encourage appropriate and comprehensive responses to [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2) against adults or youth within the [State](/usc/42/10402.md?p=10) involved, including providing [training](/usc/42/285e–2.md?p=b-2) and technical assistance and conducting [State](/usc/42/10402.md?p=10) needs assessments;
  - (2) participating in planning and monitoring the distribution of subgrants and subgrant funds within the [State](/usc/42/10402.md?p=10) under [section 10408(a) of this title](/usc/42/10408.md?p=a);
  - (3) working in collaboration with service providers and community-based organizations to address the needs of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2) victims, and their dependents, who are members of [racial and ethnic minority populations](/usc/42/295p.md?p=25) and [underserved populations](/usc/42/10402.md?p=14);
  - (4) collaborating with and providing information to entities in such fields as [housing](/usc/42/1490p–2.md?p=r-3), health care, mental health, social welfare, or business to support the development and implementation of effective policies, protocols, and [programs](/usc/42/274l–1.md?p=4) that address the safety and support needs of adult and youth victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2);
  - (5) encouraging appropriate responses to cases of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2) against adults or youth, including by working with judicial and law enforcement agencies;
  - (6) working with [family](/usc/42/290ff–4.md?p=d-2) law judges, criminal court judges, [child](/usc/42/416.md?p=e) protective service agencies, and [children](/usc/42/256e.md?p=g-2)’s advocates to develop appropriate responses to [child](/usc/42/416.md?p=e) custody and visitation issues in cases of [child](/usc/42/416.md?p=e) exposure to [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2) and in cases in which—
    - (A) [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2) is present; and
    - (B) [child](/usc/42/416.md?p=e) abuse is present;
  - (7) providing information to the public about prevention of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2), including information targeted to [underserved populations](/usc/42/10402.md?p=14); and
  - (8) collaborating with [Indian tribes](/usc/42/10402.md?p=5) and [tribal organizations](/usc/42/10402.md?p=5) (and corresponding [Native Hawaiian](/usc/42/10402.md?p=6) groups or communities) to address the needs of [Indian](/usc/42/10402.md?p=5) (including [Alaska Native](/usc/42/10402.md?p=1)) and [Native Hawaiian](/usc/42/10402.md?p=6) victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2), as applicable in the [State](/usc/42/10402.md?p=10).
- (e) **Limitation on use of funds—** A coalition that receives a grant under this section shall not be required to use [funds](/usc/42/12854.md?p=3) received under this chapter for the purposes described in paragraph [(5)](#d-5) or [(6)](#d-6) of subsection (d) if the coalition provides an annual assurance to the [Secretary](/usc/42/10402.md?p=8) that the coalition is—
  - (1) using [funds](/usc/42/12854.md?p=3) received under [section 2001(c)(1)](/usc/42/2001.md) of the Omnibus Crime Control and Safe Streets Act of 1968 ([42 U.S.C. 3796gg(c)(1)](/usc/42/3796gg.md))[^1] for such purposes; and
  - (2) coordinating the activities carried out by the coalition under [subsection (d)](#d) with the [State](/usc/42/10402.md?p=10)’s activities under part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ([42 U.S.C. 3796gg](/usc/42/3796gg.md) et seq.)[^1] that address those purposes.
- (f) **Prohibition on lobbying—** No [funds](/usc/42/12854.md?p=3) made available to entities under this section shall be used, directly or indirectly, to influence the issuance, amendment, or revocation of any executive order or similar promulgation by any Federal, [State](/usc/42/10402.md?p=10), or local agency, or to undertake to influence the passage or defeat of any legislation by Congress, or by any [State](/usc/42/10402.md?p=10) or local legislative body, or [State](/usc/42/10402.md?p=10) proposals by [initiative](/usc/42/19131.md?p=1) petition, except that the [representatives](/usc/42/3058f.md?p=5) of the entity may testify or make other appropriate communication—
  - (1) when formally requested to do so by a legislative body, a committee, or a member of the body or committee; or
  - (2) in connection with legislation or appropriations directly affecting the activities of the entity.
- (g) **Reports and evaluation—** Each entity receiving a grant under this section shall submit a performance report to the [Secretary](/usc/42/10402.md?p=8) at such time as shall be reasonably required by the [Secretary](/usc/42/10402.md?p=8). Such performance report shall describe the activities that have been carried out with such [grant funds](/usc/42/5106a.md?p=f-1-B), contain an evaluation of the effectiveness of such activities, and provide such additional information as the [Secretary](/usc/42/10402.md?p=8) may reasonably require.
- (h) **Indian representatives—** For purposes of this section, a [State Domestic Violence Coalition](/usc/42/10402.md?p=11) may include [representatives](/usc/42/3058f.md?p=5) of [Indian tribes](/usc/42/10402.md?p=5) and [tribal organizations](/usc/42/10402.md?p=5).

# §10412. Specialized services for abused parents and their children

- (a) **In general—**
  - (1) **Program—** The [Secretary](/usc/42/10402.md?p=8) shall establish a grant [program](/usc/42/274l–1.md?p=4) to expand the capacity of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2) service [programs](/usc/42/274l–1.md?p=4) and community-based [programs](/usc/42/274l–1.md?p=4) to prevent future [domestic violence](/usc/42/10402.md?p=3) by addressing, in an appropriate manner, the needs of [children](/usc/42/256e.md?p=g-2) exposed to [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2).
  - (2) **Grants—** The [Secretary](/usc/42/10402.md?p=8) may make grants to [eligible entities](/usc/42/296.md?p=1) through the [program](/usc/42/274l–1.md?p=4) established under [paragraph (1)](#a-1) for periods of not more than 2 years. If the [Secretary](/usc/42/10402.md?p=8) determines that an entity has received such a grant and been successful in meeting the objectives of the grant application submitted under [subsection (c)](#c), the [Secretary](/usc/42/10402.md?p=8) may renew the grant for 1 additional period of not more than 2 years.
- (b) **Eligible entities—** To be eligible to receive a grant under this section, an entity shall be a local agency, a nonprofit private organization (including faith-based and charitable organizations, community-based organizations, and voluntary associations), or a [tribal organization](/usc/42/10402.md?p=5), with a demonstrated record of serving victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2) and their [children](/usc/42/256e.md?p=g-2).
- (c) **Application—** An entity seeking a grant under this section shall submit an application to the [Secretary](/usc/42/10402.md?p=8) at such time, in such manner, and containing such information as the [Secretary](/usc/42/10402.md?p=8) may reasonably require, including—
  - (1) a description of how the entity will prioritize the safety of, and confidentiality of information about—
    - (A) victims of [family violence](/usc/42/10402.md?p=4), victims of [domestic violence](/usc/42/10402.md?p=3), and victims of [dating violence](/usc/42/10402.md?p=2); and
    - (B) [children](/usc/42/256e.md?p=g-2) of victims described in [subparagraph (A)](#c-1-A);
  - (2) a description of how the entity will provide developmentally appropriate and age-appropriate services, and culturally and linguistically appropriate services, to the victims and [children](/usc/42/256e.md?p=g-2); and
  - (3) a description of how the entity will ensure that professionals working with the [children](/usc/42/256e.md?p=g-2) receive the [training](/usc/42/285e–2.md?p=b-2) and technical assistance appropriate and relevant to the unique needs of [children](/usc/42/256e.md?p=g-2) exposed to [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2).
- (d) **Use of funds—** An entity that receives a grant under this section for a [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), and [dating violence](/usc/42/10402.md?p=2) service or community-based [program](/usc/42/274l–1.md?p=4) described in [subsection (a)](#a)—
  - (1) shall use the [funds](/usc/42/12854.md?p=3) made available through the grant—
    - (A) to provide direct counseling, appropriate services consistent with [subsection (c)(2)](#c-2), or advocacy on behalf of victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2) and their [children](/usc/42/256e.md?p=g-2), including coordinating services with services provided by the [child](/usc/42/416.md?p=e) welfare system;
    - (B) to provide services for nonabusing [parents](/usc/42/1396a.md?p=k-3) to support those [parents](/usc/42/1396a.md?p=k-3)’ roles as caregivers and their roles in responding to the social, emotional, and developmental needs of their [children](/usc/42/256e.md?p=g-2); and
    - (C) where appropriate, to provide the services described in this subsection while working with such a nonabusing [parent](/usc/42/1396a.md?p=k-3) and [child](/usc/42/416.md?p=e) together; and
  - (2) may use the [funds](/usc/42/12854.md?p=3) made available through the grant—
    - (A) to provide early childhood development and mental health services;
    - (B) to coordinate activities with and provide technical assistance to community-based organizations serving victims of [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2) or [children](/usc/42/256e.md?p=g-2) exposed to [family violence](/usc/42/10402.md?p=4), [domestic violence](/usc/42/10402.md?p=3), or [dating violence](/usc/42/10402.md?p=2); and
    - (C) to provide additional services and referrals to services for [children](/usc/42/256e.md?p=g-2), including [child](/usc/42/416.md?p=e) care, transportation, educational support, respite care, supervised visitation, or other necessary services.
- (e) **Reports and evaluation—** Each entity receiving a grant under this section shall submit a performance report to the [Secretary](/usc/42/10402.md?p=8) at such time as shall be reasonably required by the [Secretary](/usc/42/10402.md?p=8). Such performance report shall describe the activities that have been carried out with such [grant funds](/usc/42/5106a.md?p=f-1-B), contain an evaluation of the effectiveness of such activities, and provide such additional information as the [Secretary](/usc/42/10402.md?p=8) may reasonably require.

