Title 42 — The Public Health and Welfare
Chapter 110 — Family Violence Prevention and Services
§ 10405. Allotment of funds
Statutory text
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—
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 for the fiscal year for which the allotment is made; and
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 population of such State bears to the population of all States.
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.
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 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.
Reallotment
If, at the end of the sixth month of any fiscal year for which sums are appropriated under section 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 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.
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 discretionary activities under section 10414 of this title. Such funds shall remain available for obligation, 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.
Definition
In subsection (a)(2), the term “State” does not include any jurisdiction specified in subsection (a)(1).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Child Abuse Amendments of 1984
Pub. L. 98–457 title III § 305 · 98 Stat. 1749
Enacted · 42 U.S.C. § 10405
(Pub. L. 98–457, title III, § 305, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3488.)
Source evidence
Code source credit
(Pub. L. 98–457, title III, § 305, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3488.)Enacted provision · exact public law section
Sec. 305. secretarial responsibilities (a) The Secretary shall appoint an employee of the Department of Health and Human Services to carry out the provisions of this title. The individual appointed under this subsection shall, prior to such appointment, have had expertise in the field of family violence prevention and services. (b) The Secretary shall— (1) coordinate all programs within the Department of Health and Human Services, and seek to coordinate all other Federal programs, which involve the prevention of incidents of family violence and the provision of assistance for victims and potential victims of family violence and their dependents, and ensure that such activities as they relate to elderly persons are coordinated with the Administration on Aging and the National Institute on Aging within the Department of Health and Human Services; (2) (A) provide for research into the causes of family violence, and into the prevention, identification, and treatment thereof (such as research into (i) the effectiveness of reducing repeated incidents of family violence through a variety of sentencing alternatives, such as incarceration, fines, and counseling programs, individually or in combination, and through the use of civil protection orders removing the abuser from the family household, and (ii) the necessity and impact of a mandatory reporting requirement relating to Study. incidents of family violence, particularly abuse of elderly persons), and (B) make a complete study and investigation (in consultation with the National Institute on Aging) of the national incidence of abuse, neglect, and exploitation of elderly persons, including a determination of the extent to which incidents of such abuse, neglect, and exploitation are increasing in number or severity; and (3) provide for the training of personnel and provide technical assistance in the conduct of programs for the prevention and treatment of family violence.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 10405, Pub. L. 98–457, title III, § 306, , 98 Stat. 1760; Pub. L. 102–295, title III, § 314, , 106 Stat. 204; Pub. L. 108–36, title IV, § 403, , 117 Stat. 825, related to evaluation of the effectiveness of the programs administered and operated pursuant to this chapter, prior to the general amendment of this chapter by Pub. L. 111–320. See section 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 amendment of this chapter by Pub. L. 111–320.
Credits
(Pub. L. 98–457, title III, § 305, as added Pub. L. 111–320, title II, § 201, , 124 Stat. 3488.)