42 USC 10406 - Formula grants to States

U.S Code last checked for updates: Apr 26, 2024

§ 10406.

Formula grants to States

(a)

Formula grants to States

The Secretary shall award grants to States in order to assist in supporting the establishment, maintenance, and expansion of programs and projects—

(1)

to prevent incidents of family violence, domestic violence, and dating violence;

(2)

to provide immediate shelter, supportive services, and access to community-based programs for victims of family violence, domestic violence, or dating violence, and their dependents; and

(3)

to provide specialized services for children exposed to family violence, domestic violence, or dating violence, underserved populations, and victims who are members of racial and ethnic minority populations.

(b)

Administrative expenses

(1)

Administrative costs

(2)

Subgrants to eligible entities

(c)

Grant conditions

(1)

Approved activities

(2)

Discrimination prohibited

(A)

Application of civil rights provisions

(B)

Prohibition on discrimination on basis of sex, religion

(i)

In general

(ii)

Enforcement

(iii)

Construction

(C)

Enforcement authorities of Secretary

Whenever the Secretary finds that a State, Indian tribe, 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), with subparagraph (B), or with an applicable regulation (including one prescribed to carry out subparagraph (B)), the Secretary shall notify the chief executive officer of the State involved or the tribally designated official 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 or official fails or refuses to secure compliance, the Secretary may—

(i)

refer the matter to the Attorney General 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 et seq.), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), sections 504 and 505 of the Rehabilitation Act of 1973 [29 U.S.C. 794, 794a], or title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as may be applicable; or

(iii)

take such other action as may be provided by law.

(D)

Enforcement authority of Attorney General

(3)

Income eligibility standards

(4)

Match

(5)

Nondisclosure of confidential or private information

(A)

In general

(B)

Nondisclosure

Subject to subparagraphs (C), (D), and (E), grantees and subgrantees shall not—

(i)

disclose any personally identifying information collected in connection with services requested (including services utilized or denied), through grantees’ and subgrantees’ programs; or

(ii)

reveal personally identifying information without informed, written, reasonably time-limited consent by the person about whom information is sought, whether for this program or any other Federal or State grant program, which consent—

(I)

shall be given by—

(aa)

the person, except as provided in item (bb) or (cc);

(bb)

in the case of an unemancipated minor, the minor and the minor’s parent 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 of the minor.

(C)

Release

If release of information described in subparagraph (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 of the information; and

(ii)

grantees and subgrantees shall take steps necessary to protect the privacy and safety of the persons affected by the release 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, or tribal reporting, evaluation, or data collection requirements;

(ii)

court-generated information and law enforcement-generated information contained in secure, governmental registries for protective order enforcement purposes; and

(iii)

law enforcement- and prosecution-generated information necessary for law enforcement and prosecution purposes.

(E)

Oversight

(F)

Statutorily permitted reports of abuse or neglect

(G)

Preemption

(H)

Confidentiality of location

(6)

Supplement not supplant

(d)

Reports and evaluation

(Pub. L. 98–457, title III, § 306, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3489.)

cite as: 42 USC 10406