42 U.S.C. § 10405 — Allotment of funds

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, Page 8058 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10406 May 28, 1992, 106 Stat. 204; Pub. L. 108–36, title IV, § 403, June 25, 2003, 117 Stat. 825, related to evaluation of the effectiveness of the programs administered and oper- ated pursuant to this chapter, prior to the general amendment of this chapter by Pub. L. 111–320. See sec- tion 10404(c) of this title. A prior section 305 of Pub. L. 98–457 was classified to section 10404 of this title prior to the general amend- ment of this chapter by Pub. L. 111–320. § 10406. Formula grants to States (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 pro- grams for victims of family violence, domestic violence, or dating violence, and their depend- ents; and (3) to provide specialized services for chil- dren exposed to family violence, domestic vio- lence, or dating violence, underserved popu- lations, 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 enti- ties for approved purposes as described in sec- tion 10408 of this title. (c) Grant conditions (1) Approved activities In carrying out the activities under this chapter, grantees and subgrantees may col- laborate with and provide information to Fed- eral, State, local, and tribal public officials and agencies, in accordance with limitations on disclosure of confidential or private infor- mation as described in paragraph (5), to de- velop 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 prohibi- tions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), on the basis of dis- ability under section 504 of the Rehabilita- tion Act of 1973 (29 U.S.C. 794), on the basis of sex under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), or on the basis of race, color, or national ori- gin under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), programs and activities funded in whole or in part with funds made available under this chapter are considered to be programs and activities re- ceiving Federal financial assistance. (B) Prohibition on discrimination on basis of sex, religion (i) In general No person shall on the ground of sex or religion be excluded from participation in, be denied the benefits of, or be subject to discrimination under, any program or ac- tivity funded in whole or in part with funds made available under this chapter. Nothing in this chapter shall require any such program or activity to include any individual in any program or activity without taking into consideration that in- dividual’s sex in those certain instances where sex is a bona fide occupational qual- ification or programmatic factor reason- ably necessary to the normal or safe oper- ation of that particular program or activ- ity. (ii) Enforcement The Secretary shall enforce the provi- sions of clause (i) in accordance with sec- tion 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d–1). Section 603 of such Act (42 U.S.C. 2000d–2) shall apply with respect to any action taken by the Secretary to en- force such clause. (iii) Construction This subparagraph shall not be construed as affecting any legal remedy provided under any other provision of law. (C) Enforcement authorities of Secretary Whenever the Secretary finds that a State, Indian tribe, or other entity that has re- ceived financial assistance under this chap- ter has failed to comply with a provision of law referred to in subparagraph (A), with subparagraph (B), or with an applicable reg- ulation (including one prescribed to carry out subparagraph (B)), the Secretary shall notify the chief executive officer of the State involved or the tribally designated of- ficial of the tribe involved and shall request such officer or official to secure compliance. If, within a reasonable period of time, not to exceed 60 days, the chief executive officer or official fails or refuses to secure compliance, the Secretary may— (i) refer the matter to the Attorney Gen- eral with a recommendation that an appro- priate civil action be instituted; (ii) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), sections 504 and 505 of the Reha- bilitation Act of 1973 [29 U.S.C. 794, 794a], or title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as may be applicable; or (iii) take such other action as may be provided by law. (D) Enforcement authority of Attorney Gen- eral When a matter is referred to the Attorney General pursuant to subparagraph (C)(i), or whenever the Attorney General has reason to believe that a State, an Indian tribe, or