### §12633. Flexibility in making of appropriations

#### (a) Federal law enforcement

In the making of appropriations under any provision of this Act or amendment made by this Act that authorizes the making of an appropriation for a Federal law enforcement program for a certain fiscal year in a certain amount out of the Violent Crime Reduction Trust Fund, not to exceed 10 percent of that amount is authorized to be appropriated for that fiscal year for any other Federal law enforcement program for which appropriations are authorized by any other Federal law enforcement provision of this Act or amendment made by this Act. The aggregate reduction in the authorization for any particular Federal law enforcement program may not exceed 10 percent of the total amount authorized to be appropriated from the Violent Crime Reduction Trust Fund for that program in this Act or amendment made by this Act.

#### (b) State and local law enforcement

In the making of appropriations under any provision of this Act or amendment made by this Act that authorizes the making of an appropriation for a State and local law enforcement program for a certain fiscal year in a certain amount out of the Violent Crime Reduction Trust Fund, not to exceed 10 percent of that amount is authorized to be appropriated for that fiscal year for any other State and local law enforcement program for which appropriations are authorized by any other State and local law enforcement provision of this Act or amendment made by this Act. The aggregate reduction in the authorization for any particular State and local law enforcement program may not exceed 10 percent of the total amount authorized to be appropriated from the Violent Crime Reduction Trust Fund for that program in this Act or amendment made by this Act.

#### (c) Prevention

In the making of appropriations under any provision of this Act or amendment made by this Act that authorizes the making of an appropriation for a prevention program for a certain fiscal year in a certain amount out of the Violent Crime Reduction Trust Fund, not to exceed 10 percent of that amount is authorized to be appropriated for that fiscal year for any other prevention program for which appropriations are authorized by any other prevention provision of this Act or amendment made by this Act. The aggregate reduction in the authorization for any particular prevention program may not exceed 10 percent of the total amount authorized to be appropriated from the Violent Crime Reduction Trust Fund for that program in this Act or amendment made by this Act.

#### (d) Definitions

In this section—"Federal law enforcement program" means a program authorized in any of the following sections:

(1) section 190001(a); 1

(2) section 190001(b); 1

(3) section 190001(c); 1

(4) section 190001(d); 1

(5) section 190001(e); 1

(6) section 320925; 2

(7) section 12532 of this title;

(8) section 12611 of this title;

(9) section 130002; 1

(10) section 130005; 1

(11) section 130006; 1

(12) section 130007; 1

(13) section 250005; 1

(14) sections 12591–12593 of this title and section 14134 of title 42;

(15) section 14083 of title 42; and

(16) section 14199 of title 42.

"State and local law enforcement program" means a program authorized in any of the following sections:

(1) sections 10001–10003; 1

(2) section 210201; 1

(3) section 210603; 1

(4) section 180101; 1

(5) section 12542 of this title;

(6) sections 12221–12227 of this title and section 13867 of title 42;

(7) section 14161 1 of title 42;

(8) sections 12171 of this title and section 13812 of title 42;

(9) section 210302; 1

(10) section 14151 1 of title 42;

(11) section 210101;

(12) section 320930; 3

(13) sections 12101–12109 of this title;

(14) section 20301; 1

(15) section 12271 of this title; and

(16) section 20201. 1

"prevention program" means a program authorized in any of the following sections:

(1) section 50001; 1

(2) sections 12131–12133 of this title and section 13744 of title 42;

(3) sections 13751–13758 1 of title 42;

(4) sections 12141–12146 of this title and section 13777 of title 42;

(5) sections 12161 of this title and sections 13792 1 and 13793 of title 42;

(6) sections 13801–13802 1 of title 42;

(7) chapter 67 of title 31;

(8) section 31101,1 sections 12181–12212 of this title, and section 13852 of title 42;

(9) sections 31501–31505; 1

(10) section 31901,1 sections 12241–12262 of this title, and section 13883 of title 42;

(11) section 32001; 1

(12) section 32101; 1

(13) section 12281 of this title;

(14) section 40114; 1

(15) section 40121; 1

(16) section 300w–10 1 of title 42;

(17) section 12311 of this title;

(18) section 5712d 1 of title 42;

(19) section 40156; 1

(20) section 10413 of title 42 (relating to a hotline);

(21) section 40231; 1

(22) sections 10401 through 10412 of title 42;

(23) section 10417 1 of title 42;

(24) section 10414 of title 42 (relating to community projects to prevent family violence, domestic violence, and dating violence);

(25) section 12332 of this title;

(26) section 12333 of this title;

(27) section 12341 of this title;

(28) sections 12371–12373 of this title and section 13994 of title 42;

(29) section 12381 of this title and section 14002 of title 42;

(30) section 14012 of title 42;

(31) section 40601 1 and sections 12401–12410 of this title; and

(32) section 12621 1 of this title.

(Pub. L. 103–322, title XXXI, §310004, Sept. 13, 1994, 108 Stat. 2106; Pub. L. 111–320, title II, §202(e), Dec. 20, 2010, 124 Stat. 3509.)

#### **Editorial Notes**

#### References in Text

This Act, referred to in subsecs. (a) to (c), is Pub. L. 103–322, Sept. 13, 1994, 108 Stat. 1796, known as the Violent Crime Control and Law Enforcement Act of 1994. For complete classification of this Act to the Code, see Short Title of 1994 Act note set out under section 10101 of this title and Tables.

Section 190001, referred to in subsec. (d), is section 190001 of Pub. L. 103–322, 108 Stat. 2048, which is not classified to the Code.

Section 130002, referred to in subsec. (d), is section 130002 of Pub. L. 103–322, 108 Stat. 2023, which is set out as a note under section 1226 of Title 8, Aliens and Nationality.

Section 130005, referred to in subsec. (d), is section 130005 of Pub. L. 103–322, 108 Stat. 2028, which amended section 1158 of Title 8 and enacted provisions set out as a note under section 1158 of Title 8.

Section 130006, referred to in subsec. (d), is section 130006 of Pub. L. 103–322, 108 Stat. 2028, which is set out as a note under section 1101 of Title 8.

Section 130007, referred to in subsec. (d), is section 130007 of Pub. L. 103–322, 108 Stat. 2029, which is set out as a note under section 1228 of Title 8.

Section 250005, referred to in subsec. (d), is section 250005 of Pub. L. 103–322, 108 Stat. 2086, which is not classified to the Code.

Section 14134 of title 42, referred to in subsec. (d), was omitted from the Code as obsolete.

Section 14083 of title 42, referred to in subsec. (d), was omitted from the Code as obsolete.

Section 14199 of title 42, referred to in subsec. (d), was omitted from the Code as obsolete.

Sections 10001–10003, referred to in subsec. (d), are sections 10001–10003 of Pub. L. 103–322, 108 Stat. 1807, which enacted subchapter XVI (§10381 et seq.) of chapter 101 of this title, amended sections 10261 and 10541 of this title, and enacted provisions set out as notes under sections 10101 and 10381 of this title.

Section 210201, referred to in subsec. (d), is section 210201 of Pub. L. 103–322, 108 Stat. 2062, which enacted subchapter XXII (§10491 et seq.) of chapter 101 of this title and amended sections 10261 and 10541 of this title.

Section 210603, referred to in subsec. (d), is section 210603 of Pub. L. 103–322, 108 Stat. 2074, which enacted provisions set out as a note under section 922 of Title 18, Crimes and Criminal Procedure, and amended provisions set out as notes under section 922 of Title 18.

Section 180101, referred to in subsec. (d), is section 180101 of Pub. L. 103–322, 108 Stat. 2045, which amended sections 10261 and 10351 of this title.

Section 13867 of title 42, referred to in subsec. (d), was omitted from the Code as obsolete.

Section 14161 of title 42, referred to in subsec. (d), was repealed by Pub. L. 109–162, title XI, §1154(b)(4), Jan. 5, 2006, 119 Stat. 3113.

Section 13812 of title 42, referred to in subsec. (d), was omitted from the Code as obsolete.

Section 210302, referred to in subsec. (d), is section 210302 of Pub. L. 103–322, 108 Stat. 2065, which enacted subchapter XXIII (§10511 et seq.) of chapter 101 of this title, amended former sections 10152 and 10154 of this title and sections 10261 and 10541 of this title, and enacted provisions set out as a note under former section 3751 of Title 42, The Public Health and Welfare.

Section 14151 of title 42, referred to in subsec. (d), was repealed by Pub. L. 109–162, title XI, §1154(b)(3), Jan. 5, 2006, 119 Stat. 3113.

Section 210101, referred to in subsec. (d), is section 210101 of Pub. L. 103–322, 108 Stat. 2061, which is not classified to the Code.

Section 20301, referred to in subsec. (d), is section 20301 of Pub. L. 103–322, 108 Stat. 1823, which amended section 1252 of Title 8, Aliens and Nationality, and enacted provisions set out as notes under sections 1231 and 1252 of Title 8.

Section 20201, referred to in subsec. (d), is section 20201 of Pub. L. 103–322, 108 Stat. 1819, which enacted subchapter XVII (§10401 et seq.) of chapter 101 of this title and amended sections 10251, 10261, and 10541 of this title.

Section 50001, referred to in subsec. (d), is section 50001 of Pub. L. 103–322, 108 Stat. 1955, which enacted former subchapter XII–J (§3796ii et seq.) of chapter 46 of Title 42, The Public Health and Welfare, and amended sections 10261 and 10541 of this title.

Section 13744 of title 42, referred to in subsec. (d), was omitted from the Code as obsolete.

Sections 13751–13758 of title 42, referred to in subsec. (d), were repealed by Pub. L. 109–162, title XI, §1154(b)(1), Jan. 5, 2006, 119 Stat. 3113.

Section 13777 of title 42, referred to in subsec. (d), was omitted from the Code as obsolete.

Section 13792 of title 42, referred to in subsec. (d), was repealed by Pub. L. 105–277, div. A, §101(f) [title VIII, §301(d)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–410.

Section 13793 of title 42, referred to in subsec. (d), was omitted from the Code as obsolete.

Sections 13801–13802 of this title, referred to in subsec. (d), were repealed by Pub. L. 109–162, title XI, §1154(b)(2), Jan. 5, 2006, 119 Stat. 3113.

Section 31101, referred to in subsec. (d), is section 31101 of Pub. L. 103–322, 108 Stat. 1882, which is set out as a note under section 10101 of this title.

Section 13852 of title 42, referred to in subsec. (d), was omitted from the Code as obsolete.

Sections 31501–31505, referred to in subsec. (d), are sections 31501–31505 of Pub. L. 103–322, 108 Stat. 1888, 1889, which amended former sections 2502 to 2504, 2506, and 2512 of Title 16, Conservation.

Section 31901, referred to in subsec. (d), is section 31901 of Pub. L. 103–322, 108 Stat. 1892, which enacted provisions set out as a note under section 10101 of this title.

Section 13883 of title 42, referred to in subsec. (d), was omitted from the Code as obsolete.

Section 32001, referred to in subsec. (d), is section 32001 of Pub. L. 103–322, 108 Stat. 1896, which amended section 3621 of Title 18, Crimes and Criminal Procedure.

Section 32101, referred to in subsec. (d), is section 32101 of Pub. L. 103–322, 108 Stat. 1898, which enacted subchapter XVIII (§10421 et seq.) of chapter 101 of this title and amended sections 10251, 10261, and 10541 of this title.

Section 40114, referred to in subsec. (d), is section 40114 of Pub. L. 103–322, 108 Stat. 1910, which is not classified to the Code.

Section 40121, referred to in subsec. (d), is section 40121 of Pub. L. 103–322, 108 Stat. 1910, which enacted subchapter XIX (§10441 et seq.) of chapter 101 of this title and amended sections 10261 and 10541 of this title.

Section 300w–10 of title 42, referred to in subsec. (d), was repealed by Pub. L. 106–386, div. B, title IV, §1401(b), Oct. 28, 2000, 114 Stat. 1513.

Section 5712d of title 42, referred to in subsec. (d), was repealed by Pub. L. 109–162, title XI, §1172(b), Jan. 5, 2006, 119 Stat. 3123.

Section 40156, referred to in subsec. (d), is section 40156 of Pub. L. 103–322, 108 Stat. 1922, which amended sections 10261, 10332–10336, 20322, 20324, 20331, and 20334 of this title and repealed sections 3796aa–4 and 3796aa–7 of Title 42, The Public Health and Welfare.

Section 40231, referred to in subsec. (d), is section 40231 of Pub. L. 103–322, 108 Stat. 1932, which enacted subchapter XX (§10461 et seq.) of chapter 101 of this title and amended sections 10221, 10222, 10261, and 10541 of this title.

Section 10417 of title 42, referred to in subsec. (d), was repealed by Pub. L. 108–36, title IV, §412, June 25, 2003, 117 Stat. 829.

Section 13994 of title 42, referred to in subsec. (d), was omitted from the Code as obsolete.

Section 14002 of title 42, referred to in subsec. (d), was omitted from the Code as obsolete.

Section 14012 of title 42, referred to in subsec. (d), was omitted from the Code as obsolete.

Section 40601, referred to in subsec. (d), is section 40601 of Pub. L. 103–322, 108 Stat. 1950, which amended section 534 of Title 28, Judiciary and Judicial Procedure, and enacted provisions set out as a note under section 534 of Title 28.

Section 12621 of this title, referred to in subsec. (d), was in the original "section 24001" and was translated as reading "section 240001", meaning section 240001 of Pub. L. 103–322, to reflect the probable intent of Congress, because Pub. L. 103–322 does not contain a section 24001.

#### Codification

Section was formerly classified to section 14214 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.

#### Amendments

2010—Subsec. (d)(20). Pub. L. 111–320, §202(e)(1), substituted "section 10413 of this title (relating to a hotline)" for "section 10416 of this title".

Subsec. (d)(22). Pub. L. 111–320, §202(e)(2), substituted "sections 10401 through 10412 of this title" for "section 40241".

Subsec. (d)(24). Pub. L. 111–320, §202(e)(3), substituted "section 10414 of this title (relating to community projects to prevent family violence, domestic violence, and dating violence)" for "section 10418 of this title".

1 See References in Text note below.

2 So in original. Pub. L. 103–322 does not contain a section 320925.

3 So in original. Pub. L. 103–322 does not contain a section 320930.