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42 U.S.C. § 10404 — Authority of Secretary
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
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Source file: Laws/federal/codes/united-states-code/title-42/section-10404-authority-of-secretary--363aa39e3e.md
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Source location: Title 42, Chapter 110, § 10404; chapter-110-family-violence-prevention-and-services.md
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**(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, have expertise in the field of family violence and domestic violence prevention and services and, to the extent practicable, have expertise in the field of dating violence;
(2) provide technical assistance in the conduct of programs for the prevention and treatment of family violence, domestic violence, and dating violence;
(3) provide for and coordinate research into the most effective approaches to the intervention in and prevention of family violence, domestic violence, and dating violence, by—
(A) consulting with experts and program providers within the family violence, domestic violence, and dating violence field to identify gaps in research and knowledge, establish research priorities, and disseminate research findings;
(B) collecting and reporting data on the provision of family violence, domestic violence, and dating violence services, including assistance and programs supported by Federal funds made available under this chapter and by other governmental or nongovernmental sources of funds; and
(C) coordinating family violence, domestic violence, and dating violence research efforts within the Department of Health and Human Services with relevant research administered or carried out by other Federal agencies and other researchers, including research on the provision of assistance for adult and youth victims of family violence, domestic violence, or dating violence; and
(4) support the development and implementation of effective policies, protocols, and programs 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 administered pursuant to this chapter, and submit a report containing the evaluation to the Committee 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406/d&num=0&edition=prelim). The Secretary shall make publicly available on the Department of Health and Human Services website the evaluation reports submitted to Congress under this subsection, including the summary of the documentation provided to the Secretary under [section 10406(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10406/d&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary of Health and Human Services may establish an office to be known as the Office on Child Abuse and Neglect.
**(b) Purpose** The purpose of the Office established under subsection (a) shall be to execute and coordinate the functions and activities of this subchapter and subchapter III. In the event that such functions and activities are performed by another entity or entities within the Department of Health and Human Services, the Secretary shall ensure that such functions and activities are executed with the necessary expertise and in a fully coordinated manner involving regular intradepartmental and interdepartmental consultation with all agencies involved in child abuse and neglect activities.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5101
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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)** For the purpose of this section—
(1) “agency” has the meaning given it by [section 5721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5721&num=0&edition=prelim); and
(2) “appropriation” includes funds made available by statute under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim).
**(b)** When authorized by an appropriation or other statute, the head of an agency may procure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants or an organization thereof, including stenographic reporting services. Services procured under this section are without regard to—
(1) the provisions of this title governing appointment in the competitive service;
(2) chapter 51 and subchapter III of chapter 53 of this title; and
(3) section 6101(b) to (d) of title 41, except in the case of stenographic reporting services by an organization.
However, an agency subject to chapter 51 and subchapter III of chapter 53 of this title may pay a rate for services under this section in excess of the daily equivalent of the highest rate payable under [section 5332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim) only when specifically authorized by the appropriation or other statute authorizing the procurement of the services.
**(c)** Positions in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service may not be filled under the authority of subsection (b) of this section.
**(d)** The Office of Personnel Management shall prescribe regulations necessary for the administration of t
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3109
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10405
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Federal law — U.S. Code and appendices · legal_authorities
Page 8056
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10404
1 So in original. There is no par. (3) of section 10408(d) of this
title.
2 So in original. The semicolon probably should be a period.
(d) Additional funding
For the purposes of carrying out this chapter,
in addition to amounts otherwise made avail-
able for such purposes, there are appropriated,
out of any amounts in the Treasury not other-
wise appropriated, for fiscal year 2021, to remain
available until expended except as otherwise
provided in this subsection, each of the fol-
lowing:
(1) $180,000,000 to carry out sections 10401
through 10412 of this title, to be allocated in
the manner described in subsection (a)(2), ex-
cept that—
(A) a reference in subsection (a)(2) to an
amount appropriated under subsection (a)(1)
shall be considered to be a reference to an
amount appropriated under this paragraph;
(B) the matching requirement in section
10406(c)(4) of this title and condition in sec-
tion 10408(d)(3) 1 of this title shall not apply;
and
(C) each reference in section 10405(e) of
this title to ‘‘the end of the following fiscal
year’’ shall be considered to be a reference
to ‘‘the end of fiscal year 2025’’; and
(D) funds made available to a State in a
grant under section 10406(a) of this title and
obligated in a timely manner shall be avail-
able for expenditure, by the State or a re-
cipient of funds from the grant, through the
end of fiscal year 2025;2
(2) $18,000,000 to carry out section 10409 of
this title.
(3) $2,000,000 to carry out section 10413 of this
title, of which $1,000,000 shall be allocated to
support Indian communities.
(Pub. L. 98–457, title III, § 303, as added Pub. L.
111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3486;
amended Pub. L. 117–2, title II, §
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10404
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.