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42 U.S.C. § 10405 — Allotment of funds
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** From the sums appropriated under [section 10403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10403&num=0&edition=prelim) and available for grants to States under [section 10406(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406/a&num=0&edition=prelim) for any fiscal year—
(1) Guam, American Samoa, the United States 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406/a&num=0&edition=prelim) for the fiscal year for which the allotment is made; and
(2) each State shall be allotted for a grant under [section 10406(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406/a&num=0&edition=prelim), $600,000, with the remaining funds to be allotted to each State in an amount that bears the same ratio to such remaining funds as the population of such State bears to the population of all States.
**(b) Population** For the purpose of this section, the population of each State, and the total population of all the States, shall be determined by the Secretary on the basis of the most recent census data available to the Secretary, and the Secretary shall use for such purpose, if available, the annual interim current census data produced by the Secretary of Commerce pursuant to [section 181 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section181&num=0&edition=prelim).
**(c) Ratable reduction** If the sums appropriated under [section 10403 of this title](https://uscode.ho
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Stable record: federal_law:legal_authorities:record_usc_7ea2f37f795a2138d03f38e7
Source file: Laws/federal/codes/united-states-code/title-42/section-10405-allotment-of-funds--ba9e1a3d90.md
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Source location: Title 42, Chapter 110, § 10405; chapter-110-family-violence-prevention-and-services.md
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**(a) In general** From the sums appropriated under [section 10403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10403&num=0&edition=prelim) and available for grants to States under [section 10406(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406/a&num=0&edition=prelim) for any fiscal year—
(1) Guam, American Samoa, the United States 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406/a&num=0&edition=prelim) for the fiscal year for which the allotment is made; and
(2) each State shall be allotted for a grant under [section 10406(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406/a&num=0&edition=prelim), $600,000, with the remaining funds to be allotted to each State in an amount that bears the same ratio to such remaining funds as the population of such State bears to the population of all States.
**(b) Population** For the purpose of this section, the population of each State, and the total population of all the States, shall be determined by the Secretary on the basis of the most recent census data available to the Secretary, and the Secretary shall use for such purpose, if available, the annual interim current census data produced by the Secretary of Commerce pursuant to [section 181 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section181&num=0&edition=prelim).
**(c) Ratable reduction** If the sums appropriated under [section 10403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10403&num=0&edition=prelim) for any fiscal year and available for grants to States under [section 10406(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406/a&num=0&edition=prelim) are not sufficient to pay in full the total amounts that all States are entitled to receive under subsection (a) for such fiscal year, then the maximum amounts that all States are entitled to receive under subsection (a) for such fiscal year shall be ratably reduced. In the event that additional funds 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10403&num=0&edition=prelim), the amount allotted to a State has not been made available to such State in a grant under [section 10406(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406/a&num=0&edition=prelim) because of the failure of such State to meet the requirements for such a grant, then the Secretary shall reallot such amount to States that meet such requirements.
**(e) Continued availability of funds** All funds allotted to a State for a fiscal year under this section, and made available to such State in a grant under [section 10406(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406/a&num=0&edition=prelim), shall remain available for obligation by the State until the end of the following fiscal year. All such funds that are not obligated by the State by the end of the following fiscal year shall be made available to the Secretary for discretionary activities under [section 10414 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10414&num=0&edition=prelim). Such funds shall remain available for obligation, and for expenditure by a recipient of the funds under [section 10414 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10414&num=0&edition=prelim), for not more than 1 year from the date on which the funds are made available to the Secretary.
**(f) Definition** In subsection (a)(2), the term “State” does not include any jurisdiction specified in subsection (a)(1).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall enter into cooperative agreements with State Domestic Violence Coalitions for the purposes of establishing, operating, and maintaining local community projects to prevent family violence, domestic violence, and dating violence, including violence committed by and against youth, using a coordinated community response model and through prevention and education programs.
**(b) Term** The Secretary shall enter into a cooperative agreement under this section for a period of not more than 5 fiscal years.
**(c) Conditions on payment** The provision of payments under a cooperative agreement under this section shall be subject to—
(1) annual approval by the Secretary; and
(2) the availability of appropriations for each fiscal year to make the payments.
**(d) Eligibility** To be eligible to enter into a cooperative agreement under this section, an organization shall—
(1) be a State Domestic Violence Coalition; and
(2) include representatives of pertinent sectors of the local community, which may include—
(A) health care providers and State or local health departments;
(B) the education community;
(C) the faith-based community;
(D) the criminal justice system;
(E) family violence, domestic violence, and dating violence service program advocates;
(F) human service entities such as State child services divisions;
(G) business and civic leaders; and
(H) other pertinent sectors.
**(e) Applications** An organization that desires to enter into a cooperative agreement under this section shall submit to the Secretary an application, in such form and in such manner as the Secretary shall require, that—
(1) demonstrates the capacity of the applicant, who may enter into a partnership with a local family violence, domesti
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10414
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Formula grants to States**
(1) **In general** — There is authorized to be appropriated to carry out sections 10401 through 10412 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) exceed $130,000,000, not less than 25 percent of such excess funds shall be made available to carry out [section 10412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10412&num=0&edition=prelim).
(ii) *Formula grants* — Of the amounts appropriated under paragraph (1) for a fiscal year and not reserved under clause (i), not less than 70 percent shall be used for making grants under [section 10406(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406/a&num=0&edition=prelim).
(B) *Grants to tribes* — Of the amounts appropriated under paragraph (1) for a fiscal year and not reserved under subparagraph (A)(i), not less than 10 percent shall be used to carry out [section 10409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10409&num=0&edition=prelim).
(C) *Technical assistance and training centers* — Of the amounts appropriated under paragraph (1) for a fiscal year and not reserved under subparagraph (A)(i), not less than 6 percent shall be used by the Secretary for making grants under [section 10410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10410&num=0&edition=prelim).
(D) *Grants for State Domestic Violence Coalitions* — Of the amounts appropriated under paragraph (1) for a fiscal year and not reserved under subparag
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10403
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** During the intervals between each census of population required under [section 141 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section141&num=0&edition=prelim), the Secretary, to the extent feasible, shall annually produce and publish for each State, county, and local unit of general purpose government which has a population of fifty thousand or more, current data on total population and population characteristics and, to the extent feasible, shall biennially produce and publish for other local units of general purpose government current data on total population. Such data shall be produced and published for each State, county, and other local unit of general purpose government for which data is compiled in the most recent census of population taken under [section 141 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section141&num=0&edition=prelim). Such data may be produced by means of sampling or other methods, which the Secretary determines will produce current, comprehensive, and reliable data.
**(b)** If the Secretary is unable to produce and publish current data during any fiscal year on total population for any county and local unit of general purpose government as required by this section, a report shall be submitted by the Secretary to the President of the Senate and to the Speaker of the House of Representatives not later than 90 days before the commencement of the following fiscal year, enumerating each government excluded and giving the reasons for such exclusion.
Source: Supplied U.S. Code snapshot — release unconfirmed · 13 U.S.C. § 181
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorities** In order to carry out the provisions of this chapter, the Secretary 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim), such temporary and intermittent services of experts and consultants as are necessary;
(3) make grants to eligible entities 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 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 to be reasonably necessary to carry out this chapter; and
(5) coordinate programs within the Department of Health and Human Services, and seek to coordinate those programs with programs administered by other Federal agencies, that involve or affect efforts to prevent family violence, domestic violence, and dating violence or the provision of assistance for adult and youth victims of family violence, domestic violence, or dating violence.
**(b) Administration** The Secretary shall—
(1) assign 1 or more employees 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 shall, prior to such appointment
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10404
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Federal law — U.S. Code and appendices · legal_authorities
**(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** — Each State may use not more than 5 percent of the grant funds for State administrative costs.
(2) **Subgrants to eligible entities** — The State shall use the remainder of the grant funds to make subgrants to eligible entities for approved purposes as described in [section 10408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10408&num=0&edition=prelim).
**(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, local, and tribal public officials and agencies, in accordance with limitations on disclosure of confidential or private information as described in paragraph (5), to develop and implement policies to reduce or eliminate family violence, domestic violence, and dating violence.
(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10406
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Federal law — U.S. Code and appendices · legal_authorities
Page 8057
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10405
(4) support the development and implemen-
tation of effective policies, protocols, and pro-
grams within the Department and at other
Federal agencies that address the safety and
support needs of adult and youth victims of
family violence, domestic violence, or dating
violence.
(c) Reports
Every 2 years, the Secretary shall review and
evaluate the activities conducted by grantees,
subgrantees, and contractors under this chapter
and the effectiveness of the programs adminis-
tered pursuant to this chapter, and submit a re-
port containing the evaluation to the Com-
mittee on Education and Labor of the House of
Representatives 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
through performance reports submitted under
section 10406(d) of this title. The Secretary shall
make publicly available on the Department of
Health and Human Services website the evalua-
tion reports submitted to Congress under this
subsection, including the summary of the docu-
mentation provided to the Secretary under sec-
tion 10406(d) of this title.
(Pub. L. 98–457, title III, § 304, as added Pub. L.
111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3487.)
Editorial Notes
REFERENCES IN TEXT
The CAPTA Reauthorization Act of 2010, referred to
in subsec. (a)(4), is Pub. L. 111–320, Dec. 20, 2010, 124
Stat. 3459. For complete classification of this Act to
the Code, see Short Title of 2010 Amendment note set
out under section 5101 of this title and Tables.
PRIOR PROVISIONS
A prior section 10404, Pub. L. 98–457, title III, § 305,
Oct. 9, 1984, 98 Stat. 1760; Pub. L. 102–295, title III, § 313,
May 28, 1
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10405
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.