The Attorney General may make grants to States, for use by States, State and local courts (including juvenile courts), units of local government, victim service providers, and Indian tribal governments for the purposes described in section 3796gg(b) of this title.
Of the amounts appropriated for the purposes of this subchapter—
(1) 10 percent shall be available for grants under the program authorized by section 3796gg–10 of this title, which shall not otherwise be subject to the requirements of this subchapter (other than section 3796gg–2 of this title);
(2) 2.5 percent shall be available for grants for State domestic violence coalitions under section 3796gg(c) of this title, with the coalition for each State, the coalition for the District of Columbia, the coalition for the Commonwealth of Puerto Rico, the coalition for Guam, the coalition for American Samoa, the coalition for the United States Virgin Islands, and the coalition for the Commonwealth of the Northern Mariana Islands.,1 each receiving an amount equal to 1/56 of the total amount made available under this paragraph for each fiscal year;
(3) 2.5 percent shall be available for grants for State sexual assault coalitions under section 3796gg(c) of this title, with the coalition for each State, the coalition for the District of Columbia, the coalition for the Commonwealth of Puerto Rico, coalitions for Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each receiving an amount equal to 1/56 of the total amount made available under this paragraph for each fiscal year;
(4) 1/56 shall be available for grants under section 3796gg(d) of this title;
(5) $600,000 shall be available for grants to applicants in each State; and
(6) 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.
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—
(A) the State sexual assault coalition;
(B) the State domestic violence coalition;
(C) the law enforcement entities within the State;
(D) prosecution offices;
(E) State and local courts;
(F) Tribal governments in those States with State or federally recognized Indian tribes;
(G) representatives from underserved populations, including culturally specific populations;
(H) victim service providers;
(I) population specific organizations; and
(J) other entities that the State or the Attorney General identifies as needed for the planning process;
(3) grantees shall coordinate the State implementation plan described in paragraph (2) with the State plans described in section 10407 of this title and the programs described in sections 10603 and 280b–1b of this title.
(4) 2 of the amount granted—
(A) not less than 25 percent shall be allocated for law enforcement;
(B) not less than 25 percent shall be allocated for prosecutors;
(C) not less than 30 percent shall be allocated for victims services of which at least 10 percent shall be distributed to culturally specific community-based organizations; and
(D) not less than 5 percent shall be allocated to State and local courts (including juvenile courts); and
(4) 2 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.3
(5) not later than 2 years after the date of enactment of this Act,3 and every year thereafter, not less than 20 percent of the total amount granted to a State under this subchapter 3 shall be allocated for programs or projects in 2 or more allocations listed in paragraph (4) that meaningfully address sexual assault, including stranger rape, acquaintance rape, alcohol or drug-facilitated rape, and rape within the context of an intimate partner relationship.
An application for a grant under this section shall include—
(1) the certifications of qualification required under subsection (c);
(2) proof of compliance with the requirements for the payment of forensic medical exams and judicial notification, described in section 3796gg–4 of this title;
(3) proof of compliance with the requirements for paying fees and costs relating to domestic violence and protection order cases, described in section 3796gg–5 of this title;
(4) proof of compliance with the requirements prohibiting polygraph examinations of victims of sexual assault, described in section 3796gg–8 of this title;
(5) an implementation plan required under subsection (i); and
(6) any other documentation that the Attorney General may require.
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 3 of this title or to the requirements of this section.
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, dating violence, sexual assault, and stalking 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 meaningfully respond to the needs of underserved populations and ensure that monies set aside to fund culturally specific services and activities for underserved populations are distributed equitably among those populations.
In disbursing grants under this subchapter, the Attorney General may impose reasonable conditions on grant awards to ensure that the States meet statutory, regulatory, and other program requirements.
The Federal share of a grant made under this subchapter 3 may not exceed 75 percent of the total costs of the projects described in the application submitted, except that, for purposes of this subsection, the costs of the projects for victim services or tribes for which there is an exemption under section 13925(b)(1) of this title shall not count toward the total costs of the projects.
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.
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.
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.
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.
A State applying for a grant under this subchapter shall—
(1) develop an implementation plan in consultation with the entities listed in subsection (c)(2), that identifies how the State will use the funds awarded under this subchapter, including how the State will meet the requirements of subsection (c)(5); and
(2) submit to the Attorney General—
(A) the implementation plan developed under paragraph (1);
(B) documentation from each member of the planning committee as to their participation in the planning process;
(C) documentation from the prosecution, law enforcement, court, and victim services programs to be assisted, describing—
(i) the need for the grant funds;
(ii) the intended use of the grant funds;
(iii) the expected result of the grant funds; and
(iv) the demographic characteristics of the populations to be served, including age, disability, race, ethnicity, and language background;
(D) a description of how the State will ensure that any subgrantees will consult with victim service providers during the course of developing their grant applications in order to ensure that the proposed activities are designed to promote the safety, confidentiality, and economic independence of victims;
(E) demographic data on the distribution of underserved populations within the State and a description of how the State will meet the needs of underserved populations, including the minimum allocation for population specific services required under subsection (c)(4)(C);
(F) a description of how the State plans to meet the regulations issued pursuant to subsection (e)(2);
(G) goals and objectives for reducing domestic violence-related homicides within the State; and
(H) any other information requested by the Attorney General.
A State may use any returned or remaining funds for any authorized purpose under this subchapter if—
(1) funds from a subgrant awarded under this subchapter are returned to the State; or
(2) the State does not receive sufficient eligible applications to award the full funding within the allocations in subsection (c)(4) 4
(Pub. L. 90–351, title I, §2007, formerly §2002, as added Pub. L. 103–322, title IV, §40121(a)(3), Sept. 13, 1994, 108 Stat. 1911; amended Pub. L. 106–386, div. B, title I, §§1102(a)(2), 1103(b)(2), Oct. 28, 2000, 114 Stat. 1494, 1496; renumbered §2007 and amended Pub. L. 107–273, div. A, title IV, §402(1), (2), Nov. 2, 2002, 116 Stat. 1789; Pub. L. 108–405, title III, §310(b), (c), Oct. 30, 2004, 118 Stat. 2276; Pub. L. 109–162, title I, §101(c)–(e), title IX, §906(b), title XI, §1134(a), Jan. 5, 2006, 119 Stat. 2973, 2974, 3081, 3108; Pub. L. 109–271, §§2(d), (f)(1), (g), (l), 7(a)(2), 8(b), Aug. 12, 2006, 120 Stat. 752, 754, 763, 766; Pub. L. 113–4, title I, §101(3), Mar. 7, 2013, 127 Stat. 66.)
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Last modified: October 26, 2015