STOP Formula Grant Prorgam Statute

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Certification with the Statutory Eligibility Requirements of the Violence Against Women Act as Amended and the Prison Rape Elimination Act for the STOPFormula Grant Program

STOP Formula Grant Prorgam Statute

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STOP FORMULA GRANT PROGRAM 34 U.S.C. 10446
(a) General grants
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 10441(b) of this title.
(b) AmountsOf the amounts appropriated for the purposes of this subchapter—
(1)
10 percent shall be available for grants under the program authorized by section 10452 of this title,
which shall not otherwise be subject to the requirements of this subchapter (other than section 10447
of this title);
(2)
2.5 percent shall be available for grants for State domestic violence coalitions under section 10441(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 10441(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 10441(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.
(c) QualificationUpon satisfying the terms of subsection (d), 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 10441(b) of this title;

STOP FORMULA GRANT PROGRAM 34 U.S.C. 10446
(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 title 42 and the programs described in section 20103 of this title and
section 280b–1b of title 42.[2]
(4) [3] of the amount granted—
(A)
not less than 25 percent shall be allocated for law enforcement;
(B)

STOP FORMULA GRANT PROGRAM 34 U.S.C. 10446
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]
(4)
 3 any Federal funds received under this subchapter shall be used to supplement, not supplant, nonFederal funds that would otherwise be available for activities funded under this subchapter.2, [5]
(5)
not later than 2 years after the date of enactment of this Act,5 and every year thereafter, not less than
20 percent of the total amount granted to a State under this subchapter 5 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.
(d) Application requirementsAn 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 10449 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 10450 of this title;
(4)
proof of compliance with the requirements prohibiting polygraph examinations of victims of sexual
assault, described in section 10451 of this title;
(5)
an implementation plan required under subsection (i); and
(6)
any other documentation that the Attorney General may require.
(e) Disbursement

STOP FORMULA GRANT PROGRAM 34 U.S.C. 10446
(1) In generalNot 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 10181 5 of this title
or to the requirements of this section.
(2) RegulationsIn 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.
(3) Conditions
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.
(f) Federal share
The Federal share of a grant made under this subchapter 5 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
12291(b)(1) of this title shall not count toward the total costs of the projects.
(g) Indian tribes

STOP FORMULA GRANT PROGRAM 34 U.S.C. 10446
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.
(h) Grantee reporting
(1) In general
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.
(2) Certification by grantee and subgrantees
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.
(3) Suspension of fundingThe 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.
(i) Implementation plansA 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;

STOP FORMULA GRANT PROGRAM 34 U.S.C. 10446
(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.
(j) Reallocation of fundsA 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) [6]

STOP FORMULA GRANT PROGRAM 34 U.S.C. 10446
(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.)
References in Text
This subchapter, referred to in the second subsec. (c)(4), the second place it appears, and in subsec. (f),
was in the original “this subtitle”, and was translated as reading “this part”, meaning part T of title I of
Pub. L. 90–351, to reflect the probable intent of Congress. Title I of Pub. L. 90–351 does not contain
subtitles.
The date of enactment of this Act, referred to in subsec. (c)(5), probably means the date of enactment of
Pub. L. 113–4, which added subsec. (c)(5) and which was approved Mar. 7, 2013.
This subchapter, referred to in subsec. (c)(5), was in the original “this subchapter”, and was translated as
reading “this part”, meaning part T of title I of Pub. L. 90–351, to reflect the probable intent of Congress.
Section 10181 of this title, referred to in subsecs. (d) and (e)(1)(B), was in the original “section 513”, and
was translated as reading “section 517”, meaning section 517 of title I of Pub. L. 90–351, to reflect the
probable intent of Congress. Pub. L. 90–351 does not contain a section 513, but section 10181 of this
title was section 513 of Pub. L. 90–351 prior to renumbering as section 517 by Pub. L. 101–647, title
XVIII, § 1801(a)(6), Nov. 29, 1990, 104 Stat. 4847.
Codification
Section was formerly classified to section 3796gg–1 of Title 42, The Public Health and Welfare, prior to
editorial reclassification and renumbering as this section. Some section numbers or references in
amendment notes below reflect the classification of such sections or references prior to editorial
reclassification.
Another section 2007 of Pub. L. 90–351 was renumbered section 2015 and is classified to section 10452
of this title.
1⁄54”.
Subsec. (b)(4). Pub. L. 109–162, § 101(d)(1)(D), substituted “1⁄56” for “1⁄54”.
Subsec. (c)(2). Pub. L. 109–162, § 101(c)(1), inserted “and describe how the State will address the needs
of underserved populations” before semicolon at end.
Subsec. (c)(3)(A). Pub. L. 109–271, § 2(l), amended subpar. (A) generally. Prior to amendment, subpar.
(A) read as follows: “not less than 25 percent shall be allocated to police and not less than 25 percent
shall be allocated to prosecutors;”.
Pub. L. 109–162, § 1134(a)(1), which directed substitution of “law enforcement” for “police”, was
repealed by Pub. L. 109–271, §§ 2(d) and 8(b).

STOP FORMULA GRANT PROGRAM 34 U.S.C. 10446
Subsec. (c)(3)(B). Pub. L. 109–271, § 2(l), amended subpar. (B) generally. Prior to amendment, subpar.
(B) read as follows: “not less than 30 percent shall be allocated to victim services, of which at least 10
percent shall be distributed to culturally specific community-based organization; and”.
Pub. L. 109–162, § 101(d)(2), inserted “, of which at least 10 percent shall be distributed to culturally
specific community-based organization” after “victim services”.
Subsec. (d). Pub. L. 109–162, § 1134(a)(2), which directed insertion of “submitted by a State” after “each
application” in second sentence and substitution of “In addition, each application submitted by a State
or tribal government” for “An application” in third sentence, was repealed by Pub. L. 109–271, §§ 2(d)
and 8(b).
Subsec. (d)(4). Pub. L. 109–162, § 101(d)(3), added par. (4).
Subsec. (e)(2)(D). Pub. L. 109–162, § 101(c)(2), added subpar. (D) and struck out former subpar. (D)
which read as follows: “recognize and address the needs of underserved populations.”
Subsec. (i). Pub. L. 109–271, § 2(f)(1), struck out subsec. (i) which related to training, technical
assistance, and data collection.
Pub. L. 109–162, § 101(e), added subsec. (i).
2004—Pub. L. 108–405, § 310(b), made technical amendment to directory language of Pub. L. 107–273,
§ 402(2), which renumbered this section as section 2007 of Pub. L. 90–351.
Subsec. (b)(4). Pub. L. 108–405, § 310(c), amended par. (4) generally. Prior to amendment, par. (4) read
as follows: “1⁄54 shall be available for the development and operation of nonprofit tribal domestic
violence and sexual assault coalitions in Indian country;”.
2002—Subsec. (d)(2). Pub. L. 107–273, § 402(1)(A), made technical amendment to reference in original
act which appears in text as reference to section 10449 of this title.
Subsec. (d)(3). Pub. L. 107–273, § 402(1)(B), made technical amendment to reference in original act
which appears in text as reference to section 10450 of this title.
2000—Subsec. (a). Pub. L. 106–386, § 1102(a)(2)(A), inserted “State and local courts (including juvenile
courts),” after “for use by States,”.
Subsec. (b)(1). Pub. L. 106–386, § 1103(b)(2)(B), substituted “5 percent” for “4 percent”.
Subsec. (b)(2) to (4). Pub. L. 106–386, § 1103(b)(2)(D), added pars. (2) to (4). Former pars. (2) and (3)
redesignated (5) and (6), respectively.
Subsec. (b)(5). Pub. L. 106–386, § 1103(b)(2)(A), (C), redesignated par. (2) as (5) and substituted
“$600,000” for “$500,000”.
Subsec. (b)(6). Pub. L. 106–386, § 1103(b)(2)(A), redesignated par. (3) as (6).
Subsec. (c)(3). Pub. L. 106–386, § 1102(a)(2)(B), added par. (3) and struck out former par. (3) which read
as follows: “at least 25 percent of the amount granted shall be allocated, without duplication, to each of
the following 3 areas: prosecution, law enforcement, and victim services; and”.

STOP FORMULA GRANT PROGRAM 34 U.S.C. 10446
Subsec. (d)(1). Pub. L. 106–386, § 1102(a)(2)(C), inserted “court,” after “law enforcement,” in
introductory provisions.
Effective Date of 2013 Amendment
Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following Mar. 7, 2013,
see section 4 of Pub. L. 113–4, set out as a note under section 2261 of Title 18, Crimes and Criminal
Procedure.
Effective Date of 2006 Amendment
Amendment by sections 101(c)–(e) and 906(b) of Pub. L. 109–162 not effective until the beginning of
fiscal year 2007, see section 4 of Pub. L. 109–162, set out as a note under section 10261 of this title.
Effective Date of 2004 Amendment
Pub. L. 108–405, title III, § 310(b), Oct. 30, 2004, 118 Stat. 2276, provided that amendment by section


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