---
kind: "section"
citation: "42 U.S.C. § 10405"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10405"
heading: "Allotment of funds"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10405"
units:
  - "Chapter 110 — Family Violence Prevention and Services"
---

# §10405. Allotment of funds

- (a) **In general—** From the sums appropriated under [section 10403 of this title](/usc/42/10403.md) and available for grants to [States](/usc/42/10402.md?p=10) under [section 10406(a) of this title](/usc/42/10406.md?p=a) 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](/usc/42/10406.md?p=a) for the fiscal year for which the allotment is made; and
  - (2) each [State](/usc/42/10402.md?p=10) shall be allotted for a grant under [section 10406(a) of this title](/usc/42/10406.md?p=a), $600,000, with the remaining funds to be allotted to each [State](/usc/42/10402.md?p=10) in an amount that bears the same ratio to such remaining funds as the population of such [State](/usc/42/10402.md?p=10) bears to the population of all [States](/usc/42/10402.md?p=10).
- (b) **Population—** For the purpose of this section, the population of each [State](/usc/42/10402.md?p=10), and the total population of all the [States](/usc/42/10402.md?p=10), shall be determined by the [Secretary](/usc/42/10402.md?p=8) on the basis of the most recent census data available to the [Secretary](/usc/42/10402.md?p=8), and the [Secretary](/usc/42/10402.md?p=8) shall use for such purpose, if available, the annual interim current census data produced by the [Secretary](/usc/42/10402.md?p=8) of Commerce pursuant to [section 181 of title 13](/usc/13/181.md).
- (c) **Ratable reduction—** If the sums appropriated under [section 10403 of this title](/usc/42/10403.md) for any fiscal year and available for grants to [States](/usc/42/10402.md?p=10) under [section 10406(a) of this title](/usc/42/10406.md?p=a) are not sufficient to pay in full the total amounts that all [States](/usc/42/10402.md?p=10) are entitled to receive under [subsection (a)](#a) for such fiscal year, then the maximum amounts that all [States](/usc/42/10402.md?p=10) are entitled to receive under [subsection (a)](#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](/usc/42/10403.md), the amount allotted to a [State](/usc/42/10402.md?p=10) has not been made available to such [State](/usc/42/10402.md?p=10) in a grant under [section 10406(a) of this title](/usc/42/10406.md?p=a) because of the failure of such [State](/usc/42/10402.md?p=10) to meet the requirements for such a grant, then the [Secretary](/usc/42/10402.md?p=8) shall reallot such amount to [States](/usc/42/10402.md?p=10) that meet such requirements.
- (e) **Continued availability of funds—** All funds allotted to a [State](/usc/42/10402.md?p=10) for a fiscal year under this section, and made available to such [State](/usc/42/10402.md?p=10) in a grant under [section 10406(a) of this title](/usc/42/10406.md?p=a), shall remain available for obligation by the [State](/usc/42/10402.md?p=10) until the end of the following fiscal year. All such funds that are not obligated by the [State](/usc/42/10402.md?p=10) by the end of the following fiscal year shall be made available to the [Secretary](/usc/42/10402.md?p=8) for discretionary activities under [section 10414 of this title](/usc/42/10414.md). Such funds shall remain available for obligation, and for expenditure by a recipient of the funds under [section 10414 of this title](/usc/42/10414.md), for not more than 1 year from the date on which the funds are made available to the [Secretary](/usc/42/10402.md?p=8).
- (f) **Definition—** In [subsection (a)(2)](#a-2), the term “[State](/usc/42/10402.md?p=10)” does not include any jurisdiction specified in [subsection (a)(1)](#a-1).

## Source credit

(Pub. L. 98–457, title III, § 305, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3488.)

## Notes

### 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, 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 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.