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NOTES:


Source

(Pub. L. 98–457, title III, § 303, Oct. 9, 1984, 98 Stat. 1757; Pub. L. 100–294, title III, § 302, Apr. 25, 1988, 102 Stat. 124; Pub. L. 102–295, title III, §§ 303–309(a), 310, 311 (a), May 28, 1992, 106 Stat. 201–203; Pub. L. 103–322, title IV, § 40271, Sept. 13, 1994, 108 Stat. 1937; Pub. L. 104–235, title II, § 201, Oct. 3, 1996, 110 Stat. 3089; Pub. L. 108–36, title IV, §§ 401, 415 (2), (3), June 25, 2003, 117 Stat. 825, 830.)

References in Text

Section 3796gg–2 of this title, referred to in subsec. (a)(2)(C), was in the original “section 2007 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–2)”, meaning section 2007 of Pub. L. 90–351, and was translated as reading section 2008 of Pub. L. 90–351, which defined “underserved populations”, to reflect the probable intent of Congress. Section 2008 of Pub. L. 90–351 was subsequently repealed and a new section 2008 enacted, which does not define “underserved populations”. However, such term is defined in section 13925 of this title.
This subpart, referred to in subsec. (a)(4), is unidentifiable in the original because title III of Pub. L. 98–457 does not contain subparts.

Codification

May 28, 1992, referred to in subsec. (b)(3), was in the original “the date of the enactment of the Child Abuse Programs, Adoption Opportunities, and Family Violence Prevention Amendments Act of 1992”, which was translated as meaning the date of enactment of Pub. L. 102–295, known as the Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992, which enacted subsec. (b)(3), to reflect the probable intent of Congress.

Amendments

2003—Subsec. (a)(2)(C). Pub. L. 108–36, § 415(2)(A)(i), substituted “State domestic violence coalitions, knowledgeable individuals, and interested organizations” for “State domestic violence coalitions knowledgeable individuals and interested organizations”.
Pub. L. 108–36, § 401(a), substituted “underserved populations, as defined in section 3796gg–2 of this title;” for “underserved populations, including populations underserved because of ethnic, racial, cultural, language diversity or geographic isolation;”.
Subsec. (a)(2)(F). Pub. L. 108–36, § 415(2)(A)(ii), inserted “and” at end.
Subsec. (a)(4). Pub. L. 108–36, § 415(2)(B), realigned margins.
Subsec. (a)(5). Pub. L. 108–36, § 401(b), added par. (5).
Subsecs. (c) to (f). Pub. L. 108–36, § 401(c), added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 108–36, § 415(3), substituted “section 10421” for “section 10408 (4)” in first sentence and “section 10421 (5)(A)” for “section 10408 (5)(A)” in second sentence.
Pub. L. 108–36, § 401(c)(1), redesignated subsec. (f) as (g).
1996—Subsec. (e). Pub. L. 104–235 substituted “following non-Federal matching local share” for “following local share” and “with respect to an entity operating an existing program under this chapter, not less than 20 percent, and with respect to an entity intending to operate a new program under this chapter, not less than 35 percent” for “20 percent in the first year such project receives a grant under this chapter, 35 percent in the second such year, and 50 percent in the third such year and in any such year thereafter. Except in the case of a public entity, not less than 25 percent of the local share of such agency or organization shall be raised from private sources”.
1994—Subsec. (a)(2)(C). Pub. L. 103–322, § 40271(a), inserted “and a plan to address the needs of underserved populations, including populations underserved because of ethnic, racial, cultural, language diversity or geographic isolation” after “such State”.
Subsec. (a)(4). Pub. L. 103–322, § 40271(b), added par. (4).
1992—Subsec. (a)(1). Pub. L. 102–295, § 303(1), substituted “grants” for “demonstration grants”.
Subsec. (a)(2). Pub. L. 102–295, § 303(2)(A), in introductory provisions substituted “grant” for “demonstration grant” after “No”.
Subsec. (a)(2)(A). Pub. L. 102–295, § 303(2)(B), which directed the substitution of “grant” for “demonstration grant” was executed by substituting “grants” for “demonstration grants”, to reflect the probable intent of Congress.
Subsec. (a)(2)(B)(ii). Pub. L. 102–295, § 303(2)(C), substituted “the primary purpose of which is to operate shelters for victims of family violence and their dependents, and those which provide counseling, advocacy, and self-help services to victims and their children.” for “particularly those projects the primary purpose of which is to operate shelters for victims of family violence and their dependents, and those which provide counseling, alcohol and drug abuse treatment, and self-help services to abusers and victims;”.
Subsec. (a)(2)(C). Pub. L. 102–295, § 304, inserted “State domestic violence coalitions” after “involve”.
Subsec. (a)(2)(E). Pub. L. 102–295, § 305, substituted “documentation that procedures have been developed, and implemented including copies of the policies and procedure,” for “assurances that procedures will be developed”.
Subsec. (a)(2)(F). Pub. L. 102–295, § 306, amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “provide assurances that, within one year after receipt of funds under this subsection, the State will, provide assurances to the Secretary that the State has or has under consideration a procedure for the eviction of an abusing spouse from a shared residence; and”.
Subsec. (a)(3). Pub. L. 102–295, § 307, inserted “a 6-month period providing an” before “opportunity” and inserted at end “The Secretary shall provide such notice within 45 days of the date of the application if any of the provisions of paragraph (2) have not been satisfied in such application. If the State has not corrected the deficiencies in such application within the 6-month period following the receipt of the Secretary’s notice of intention to disapprove, the Secretary shall withhold payment of any grant funds to such State until the date that is 30 days prior to the end of the fiscal year for which such grant funds are appropriated or until such time as the State provides documentation that the deficiencies have been corrected, whichever occurs first. State Domestic Violence Coalitions shall be permitted to participate in determining whether a grantee is in compliance with paragraph (2), except that no funds made available to State Domestic Violence Coalitions under section 10410 of this title shall be used to challenge a determination as to whether a grantee is in compliance with, or to seek the enforcement of, the eligibility requirements of such paragraph.”
Subsec. (b)(1). Pub. L. 102–295, § 308(1), substituted “The Secretary, from amounts appropriated to carry out this section, shall make available not less than 10 percent of such amounts to make grants to Indian tribes, tribal organizations and nonprofit private organizations approved by an Indian Tribe for the operation of a family violence shelter on a Reservation” for “The Secretary is authorized to make demonstration grants to Indian tribes and tribal organizations”.
Subsec. (b)(2). Pub. L. 102–295, § 308(2), substituted “grant” for “demonstration grant” and “(E) and (F)” for “and (E)” and inserted at end “No entity eligible to submit an application under paragraph (1) shall be prohibited from making an application during any fiscal year for which funds are available because such entity has not previously applied or received funding under this section.”
Subsec. (b)(3). Pub. L. 102–295, § 308(3), added par. (3).
Subsec. (c). Pub. L. 102–295, § 309(a), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “No demonstration grant may be made under this section in any fiscal year to any single entity (other than to a State) for an amount in excess of $50,000, and the total amount of such grants to any such single entity may not exceed $150,000.”
Subsec. (d). Pub. L. 102–295, § 309(a)(2), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 102–295, §§ 309(a)(2), 310, redesignated subsec. (f) as (e) and substituted “No grant” for “No demonstration grant”, “State or an Indian Tribe” for “State”, “20 percent” for “35 percent”, “35 percent” for “55 percent”, “and 50 percent in the third such year and in any such year thereafter” for “and 65 percent in the third such year”, and “25 percent” for “50 percent”. Former subsec. (e) redesignated (d).
Subsecs. (f), (g). Pub. L. 102–295, §§ 309(a)(2), 311 (a), redesignated subsec. (g) as (f), substituted “70 percent” for “60 percent”, and inserted before period “as defined in section 10408 (4) of this title. Not less than 25 percent of the funds distributed under subsection (a) or (b) of this section shall be distributed for the purpose of providing related assistance as defined under section 10408 (5)(A) of this title”. Former subsec. (f) redesignated (e).
1988—Subsec. (c). Pub. L. 100–294 struck out provision that a single entity not be awarded demonstration grants under this section for a total period in excess of three fiscal years.

Effective Date of 1992 Amendment

Section 309(b) of Pub. L. 102–295 provided that: “The amendments made by subsection (a) [amending this section] are effective in the case of amounts appropriated for fiscal year 1992 and subsequent fiscal years.”


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