42 U.S.C. § 10404 — Authority of Secretary

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, § 2204(a), Mar. 11, 2021, 135 Stat. 34.) Editorial Notes PRIOR PROVISIONS A prior section 10403, Pub. L. 98–457, title III, § 304, Oct. 9, 1984, 98 Stat. 1759; Pub. L. 102–295, title III, § 312, May 28, 1992, 106 Stat. 204; Pub. L. 104–208, div. A, title I, § 101(e) [title II, § 213], Sept. 30, 1996, 110 Stat. 3009–233, 3009–254; Pub. L. 104–235, title II, § 202, Oct. 3, 1996, 110 Stat. 3089; Pub. L. 106–386, div. B, title II, § 1202(b), Oct. 28, 2000, 114 Stat. 1505, related to allotment of funds, prior to the general amendment of this chapter by Pub. L. 111–320. See section 10405 of this title. A prior section 303 of Pub. L. 98–457 was classified to section 10402 of this title prior to the general amend- ment of this chapter by Pub. L. 111–320. AMENDMENTS 2021—Subsec. (d). Pub. L. 117–2 added subsec. (d). § 10404. Authority of Secretary (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 sec- tion 3109 of title 5, such temporary and inter- mittent 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 re- porting 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 chap- ter, including regulations and guidance on im- plementing 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 Sec- retary to be reasonably necessary to carry out this chapter; and (5) coordinate programs within the Depart- ment 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 vio- lence, domestic violence, and dating violence or the provision of assistance for adult and youth victims of family violence, domestic vi- olence, or dating violence. (b) Administration The Secretary shall— (1) assign 1 or more employees of the Depart- ment 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 pre- vention and services and, to the extent prac- ticable, have expertise in the field of dating violence; (2) provide technical assistance in the con- duct of programs for the prevention and treat- ment of family violence, domestic violence, and dating violence; (3) provide for and coordinate research into the most effective approaches to the interven- tion in and prevention of family violence, do- mestic violence, and dating violence, by— (A) consulting with experts and program providers within the family violence, domes- tic violence, and dating violence field to identify gaps in research and knowledge, es- tablish research priorities, and disseminate research findings; (B) collecting and reporting data on the provision of family violence, domestic vio- lence, and dating violence services, includ- ing assistance and programs supported by Federal funds made available under this chapter and by other governmental or non- governmental sources of funds; and (C) coordinating family violence, domestic violence, and dating violence research ef- forts within the Department of Health and Human Services with relevant research ad- ministered or carried out by other Federal agencies and other researchers, including re- search on the provision of assistance for adult and youth victims of family violence, domestic violence, or dating violence; and 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, 1992, 106 Stat. 204; Pub. L. 108–36, title IV, §§ 402, 415(4), June 25, 2003, 117 Stat. 825, 830, related to Secre- tarial responsibilities, prior to the general amendment of this chapter by Pub. L. 111–320. A prior section 304 of Pub. L. 98–457 was classified to section 10403 of this title prior to the general amend- ment of this chapter by Pub. L. 111–320. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. § 10405. Allotment of funds (a) In general From the sums appropriated under section 10403 of this title and available for grants to States under section 10406(a) of this title 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 1⁄8 of 1 percent of the amounts available for grants under section 10406(a) of this title 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, $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 popu- lation 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 avail- able to the Secretary, and the Secretary shall use for such purpose, if available, the annual in- terim current census data produced by the Sec- retary of Commerce pursuant to section 181 of title 13. (c) Ratable reduction If the sums appropriated under section 10403 of this title for any fiscal year and available for grants to States under section 10406(a) of this title 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 enti- tled to receive under subsection (a) for such fis- cal year shall be ratably reduced. In the event that additional funds become available for mak- ing such grants for any fiscal year during which the preceding sentence is applicable, such re- duced 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 sec- tion 10403 of this title, the amount allotted to a State has not been made available to such State in a grant under section 10406(a) of this title be- cause of the failure of such State to meet the re- quirements 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, 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 dis- cretionary activities under section 10414 of this title. Such funds shall remain available for obli- gation, and for expenditure by a recipient of the funds under section 10414 of this title, 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). (Pub. L. 98–457, title III, § 305, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3488.) Editorial Notes PRIOR PROVISIONS A prior section 10405, Pub. L. 98–457, title III, § 306, Oct. 9, 1984, 98 Stat. 1760; Pub. L. 102–295, title III, § 314,