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42 U.S.C. § 3796ee–4 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ee–4. Guidelines
(a) In general
The Attorney General shall issue guidelines establishing procedures under which a State or specifically 1 qualified unit of local government that receives funds under section 3796ee–3 of this title is required to provide notice to the Attorney General regarding the proposed use of funds made available under this subchapter.
(b) Advisory board
(1) In general
The guidelines referred to in subsection (a) of this section shall include a requirement that such eligible State or unit of local government establish and convene an advisory board to recommend a coordinated enforcement plan for the use of such funds.
(2) Membership
The board shall include representation from, if appropriate—
(A) the State or local police department;
(B) the local sheriff’s department;
(C) the State or local prosecutor’s office;
(D) the State or local juvenile court;
(E) the State or local probation office;
(F) the State or local educational agency;
(G) a State or local social service agency;
(H) a nonprofit, nongovernmental victim advocacy organization; and
(I) a nonprofit, religious, or community group.
(Pub. L. 90–351, title I, § 1804, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1865.)
heading: Prior Provisions
text: A prior section 3796ee–4, Pub. L. 90–351, title I, § 1805, as added Pub. L. 103–322, title II, § 20201(a)(3), Sept. 13, 1994, 108 Stat. 1821, related to allocation and distribution of funds, prior to the general amendment of this subchapter by Pub. L. 107–273.
A prior section 1804 of Pub. L. 90–351 was classified to section 3796ee–3 of this title prior to the general amendment of this subchapter by Pub. L. 107–273.
42 U.S.C. § 3796ee–5 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ee–5. Payment requirements
(a) Timing of payments
The Attorney General shall pay to each State or specifically 1 qualified unit of local government that receives funds under section 3796ee–3 of this title that has submitted an application under this subchapter the amount awarded to such State or unit of local government not later than the later of—
(1) the date that is 180 days after the date that the amount is available; or
(2) the first day of the payment period if the State has provided the Attorney General with the assurances required by subsection (c) of this section.
(b) Repayment of unexpended amounts
(1) Repayment required
From amounts awarded under this subchapter, a State or specially qualified unit shall repay to the Attorney General, before the expiration of the 36-month period beginning on the date of the award, any amount that is not expended by such State or unit.
(2) Extension
The Attorney General may adopt policies and procedures providing for a one-time extension, by not more than 12 months, of the period referred to in paragraph (1).
(3) Penalty for failure to repay
If the amount required to be repaid is not repaid, the Attorney General shall reduce payment in future payment periods accordingly.
(4) Deposit of amounts repaid
Amounts received by the Attorney General as repayments under this subsection shall be deposited in a designated fund for future payments to States and specially qualified units.
(c) Administrative costs
A State or unit of local government that receives funds under this subchapter may use not more than 5 percent of such funds to pay for administrative costs.
(d) Nonsupplanting requirement
Funds made available under this subchapter to States and units of local government shall not be used to supplant State or local funds as the case may be, but shall be used to increase the amount of funds that would, in the absence of funds made available under this subchapter, be made available from State or local sources, as the case may be.
(e) Matching funds
(1) In general
The Federal share of a grant received under this subchapter may not exceed 90 percent of the total program costs.
(2) Construction of facilities
Notwithstanding paragraph (1), with respect to the cost of constructing juvenile detention or correctional facilities, the Federal share of a grant received under this subchapter may not exceed 50 percent of approved cost.
(Pub. L. 90–351, title I, § 1805, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1865.)
heading: Prior Provisions
text: A prior section 3796ee–5, Pub. L. 90–351, title I, § 1806, as added Pub. L. 103–322, title II, § 20201(a)(3), Sept. 13, 1994, 108 Stat. 1822, required each State and unit of local government to submit an annual evaluation of programs, prior to the general amendment of this subchapter by Pub.L. 107–273.
A prior section 1805 of Pub. L. 90–351 was classified to section 3796ee–4 of this title prior to the general amendment of this subchapter by Pub. L. 107–273.
42 U.S.C. § 3796ee–6 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ee–6. Utilization of private sector
Funds or a portion of funds allocated under this subchapter may be used by a State or unit of local government that receives a grant under this subchapter to contract with private, nonprofit entities, or community-based organizations to carry out the purposes specified under section 3796ee(b) of this title.
(Pub. L. 90–351, title I, § 1806, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1866.)
heading: Prior Provisions
text: A prior section 1806 of Pub. L. 90–351 was classified to section 3796ee–5 of this title prior to the general amendment of this subchapter by Pub.L. 107–273.
42 U.S.C. § 3796ee–7 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ee–7. Administrative provisions
(a) In general
A State or specially qualified unit that receives funds under this subchapter shall—
(1) establish a trust fund in which the government will deposit all payments received under this subchapter;
(2) use amounts in the trust fund (including interest) during the period specified in section 3796ee–5(b)(1) of this title and any extension of that period under section 3796ee–5(b)(2) of this title;
(3) designate an official of the State or specially qualified unit to submit reports as the Attorney General reasonably requires, in addition to the annual reports required under this subchapter; and
(4) spend the funds only for the purpose of strengthening the juvenile justice system.
(b) Chapter provisions
Except as otherwise provided, the administrative provisions of subchapter VIII of this chapter shall apply to this subchapter and for purposes of this section any reference in such provisions to this chapter shall be deemed to include a reference to this subchapter.
(Pub. L. 90–351, title I, § 1807, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1866.)
42 U.S.C. § 3796ee–8 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ee–8. Assessment reports
(a) Reports to Attorney General
(1) In general
Except as provided in paragraph (4), for each fiscal year for which a grant or subgrant is awarded under this subchapter, each State or specially qualified unit of local government that receives such a grant shall submit to the Attorney General a grant report, and each unit of local government that receives such a subgrant shall submit to the State a subgrant report, at such time and in such manner as the Attorney General may reasonably require.
(2) Grant report
Each grant report required by paragraph (1) shall include—
(A) a summary of the activities carried out with such grant;
(B) if such activities included any subgrant, a summary of the activities carried out with each such subgrant; and
(C) an assessment of the effectiveness of such activities on achieving the purposes of this subchapter.
(3) Subgrant report
Each subgrant report required by paragraph (1) shall include—
(A) a summary of the activities carried out with such subgrant; and
(B) an assessment of the effectiveness of such activities on achieving the purposes of this subchapter.
(4) Waivers
The Attorney General may waive the requirement of an assessment in paragraph (2)(C) for a State or specially qualified unit of local government, or in paragraph (3)(B) for a unit of local government, if the Attorney General determines that—
(A) the nature of the activities are such that assessing their effectiveness would not be practical or insightful;
(B) the amount of the grant or subgrant is such that carrying out the assessment would not be an effective use of those amounts; or
(C) the resources available to the State or unit are such that carrying out the assessment would pose a financial hardship on the State or unit.
(b) Reports to Congress
Not later than 120 days after the last day of each fiscal year for which 1 or more grants are awarded under this subchapter, the Attorney General shall submit to Congress a report, which shall include—
(1) a summary of the information provided under subsection (a) of this section;
(2) an assessment by the Attorney General of the grant program carried out under this subchapter; and
(3) such other information as the Attorney General considers appropriate.
(Pub. L. 90–351, title I, § 1808, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1867.)
42 U.S.C. § 3796ee–9 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ee–9. Definitions
In this subchapter:
(1) Unit of local government
The term “unit of local government” means—
(A) a county, township, city, or political subdivision of a county, township, or city, that is a unit of local government as determined by the Secretary of Commerce for general statistical purposes;
(B) any law enforcement district or judicial enforcement district that—
(i) is established under applicable State law; and
(ii) has the authority, in a manner independent of other State entities, to establish a budget and raise revenues; and
(C) the District of Columbia and the recognized governing body of an Indian tribe or Alaskan Native village that carries out substantial governmental duties and powers.
(2) Specially qualified unit
The term “specially qualified unit” means a unit of local government which may receive funds under this subchapter only in accordance with section 3796ee–3(e) of this title.
(3) State
The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands, except that—
(A) the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands (the “partial States”) shall collectively be considered as 1 State; and
(B) for purposes of section 3796ee–3(a) of this title, the amount allocated to a partial State shall bear the same proportion to the amount collectively allocated to the partial States as the population of the partial State bears to the collective population of the partial States.
(4) Juvenile
The term “juvenile” means an individual who is 17 years of age or younger.
(5) Juvenile justice expenditures
The term “juvenile justice expenditures” means expenditures in connection with the juvenile justice system, including expenditures in connection with such system to carry out—
(A) activities specified in section 3796ee(b) of this title; and
(B) other activities associated with prosecutorial and judicial services and corrections as reported to the Bureau of the Census for the fiscal year preceding the fiscal year for which a determination is made under this subchapter.
(6) Part 1 violent crimes
The term “part 1 violent crimes” means murder and nonnegligent manslaughter, forcible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investigation for purposes of the Uniform Crime Reports.
(Pub. L. 90–351, title I, § 1809, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1867.)
42 U.S.C. § 3796ee–10 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ee–10. Authorization of appropriations
(a) In general
There are authorized to be appropriated to carry out this subchapter, $350,000,000 for each of fiscal years 2006 through 2009.
(b) Oversight accountability and administration
(1) In general
Of the amount authorized to be appropriated under section 5665 of this title, there shall be available to the Attorney General, for each of the fiscal years 2002 through 2004 (as applicable), to remain available until expended—
(A) not more than 2 percent of that amount, for research, evaluation, and demonstration consistent with this subchapter;
(B) not more than 2 percent of that amount, for training and technical assistance; and
(C) not more than 1 percent, for administrative costs to carry out the purposes of this subchapter.
(2) Oversight plan
The Attorney General shall establish and execute an oversight plan for monitoring the activities of grant recipients.
(c) Tribal set-aside
Of the amounts appropriated under subsection (a) of this section, 2 percent shall be made available for programs that receive grants under section 3796ee–1 of this title.
(Pub. L. 90–351, title I, § 1810, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1868; amended Pub. L. 109–162, title XI, § 1166, Jan. 5, 2006, 119 Stat. 3121.)
heading: Amendments
text: 2006—Subsec. (a). Pub. L. 109–162 substituted “2006 through 2009” for “2002 through 2005”.
42 U.S.C. § 3796ff (THE PUBLIC HEALTH AND WELFARE)
§ 3796ff. Grant authorization
(a) In general
The Attorney General may make grants under this subchapter to States, for use by States and units of local government for the purpose of—
(1) developing and implementing residential substance abuse treatment programs within State correctional facilities, as well as within local correctional and detention facilities in which inmates are incarcerated for a period of time sufficient to permit substance abuse treatment; and
(2) encouraging the establishment and maintenance of drug-free prisons and jails.
(b) Consultation
The Attorney General shall consult with the Secretary of Health and Human Services to ensure that projects of substance abuse treatment and related services for State prisoners incorporate applicable components of existing comprehensive approaches including relapse prevention and aftercare services.
(c) Additional use of funds
States that demonstrate that they have existing in-prison drug treatment programs that are in compliance with Federal requirements may use funds awarded under this subchapter for treatment and sanctions both during incarceration and after release.
(Pub. L. 90–351, title I, § 1901, as added Pub. L. 103–322, title III, § 32101(a)(3), Sept. 13, 1994, 108 Stat. 1898; amended Pub. L. 107–273, div. B, title II, §§ 2101, 2102(1), Nov. 2, 2002, 116 Stat. 1792.)
heading: Amendments
text: 2002—Subsec. (a). Pub. L. 107–273, § 2102(1), substituted “purpose of—” for “purpose of”, inserted par. (1) designation before “developing”, and added par. (2).
Subsec. (c). Pub. L. 107–273, § 2101, added subsec. (c).
heading: Prior Provisions
text: A prior section 1901 of Pub. L. 90–351 was renumbered section 2601 and is classified to section 3797 of this title.
42 U.S.C. § 3796ff–2 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ff–2. Review of State applications
(a) In general
The Attorney General shall make a grant under section 3796ff of this title to carry out the projects described in the application submitted under section 3796ff–1 of this title upon determining that—
(1) the application is consistent with the requirements of this subchapter; and
(2) before the approval of the application the Attorney General has made an affirmative finding in writing that the proposed project has been reviewed in accordance with this subchapter.
(b) Approval
Each application submitted under section 3796ff–1 of this title shall be considered approved, in whole or in part, by the Attorney General not later than 90 days after first received unless the Attorney General informs the applicant of specific reasons for disapproval.
(c) Restriction
Grant funds received under this subchapter shall not be used for land acquisition or construction projects.
(d) Disapproval notice and reconsideration
The Attorney General shall not disapprove any application without first affording the applicant reasonable notice and an opportunity for reconsideration.
(e) Priority for partnerships with community-based drug treatment programs
In considering an application submitted by a State under section 3796ff–1 of this title, the Attorney General shall give priority to an application that involves a partnership between the State and a community-based drug treatment program within the State.
(Pub. L. 90–351, title I, § 1903, as added Pub. L. 103–322, title III, § 32101(a)(3), Sept. 13, 1994, 108 Stat. 1899; amended Pub. L. 109–162, title XI, § 1145(c), Jan. 5, 2006, 119 Stat. 3112.)
heading: Amendments
text: 2006—Subsec. (e). Pub. L. 109–162 added subsec. (e).
heading: Effective Date of 2006 Amendment
text: Amendment by Pub. L. 109–162 effective Oct. 1, 2006, see section 1147 of Pub. L. 109–162, set out as a note under section 3796ff–1 of this title.
42 U.S.C. § 3796ff–3 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ff–3. Allocation and distribution of funds
(a) Allocation
Of the total amount appropriated under this subchapter in any fiscal year—
(1) 0.4 percent shall be allocated to each of the participating States; and
(2) of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each of the participating States an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the State prison population of such State bears to the total prison population of all the participating States.
(b) Federal share
The Federal share of a grant made under this subchapter may not exceed 75 percent of the total costs of the projects described in the application submitted under section 3796ff–1 of this title for the fiscal year for which the projects receive assistance under this subchapter.
(c) Local allocation
At least 10 percent of the total amount made available to a State under subsection (a) of this section for any fiscal year shall be used by the State to make grants to local correctional and detention facilities in the State (provided such facilities exist therein), for the purpose of assisting jail-based substance abuse treatment programs that are effective and science-based established by those local correctional facilities.
(d) Residential substance abuse treatment program defined
In this subchapter, the term “residential substance abuse treatment program” means a course of comprehensive individual and group substance abuse treatment services, lasting a period of at least 6 months, in residential treatment facilities set apart from the general population of a prison or jail (which may include the use of pharmacological treatment, where appropriate, that may extend beyond such period).
(Pub. L. 90–351, title I, § 1904, as added Pub. L. 103–322, title III, § 32101(a)(3), Sept. 13, 1994, 108 Stat. 1900; amended Pub. L. 107–273, div. B, title II, § 2102(3), Nov. 2, 2002, 116 Stat. 1792; Pub. L. 109–162, title XI, § 1144, Jan. 5, 2006, 119 Stat. 3111; Pub. L. 110–199, title I, § 102(b), Apr. 9, 2008, 122 Stat. 668.)
heading: Amendments
text: 2008—Subsec. (d). Pub. L. 110–199 amended subsec. (d) generally. Prior to amendment, subsec. (d) defined “residential substance abuse treatment program”.
2006—Subsec. (d). Pub. L. 109–162 added subsec. (d).
2002—Subsec. (c). Pub. L. 107–273 added subsec. (c).
heading: Effective Date of 2006 Amendment
text: Amendment by Pub. L. 109–162 effective Oct. 1, 2006, see section 1147 of Pub. L. 109–162, set out as a note under section 3796ff–1 of this title.
heading: Construction of 2008 Amendment
text: For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 17504 of this title.
42 U.S.C. § 3796ff–4 (THE PUBLIC HEALTH AND WELFARE)
§ 3796ff–4. Evaluation
Each State that receives a grant under this subchapter shall submit to the Attorney General an evaluation not later than March 1 of each year in such form and containing such information as the Attorney General may reasonably require.
(Pub. L. 90–351, title I, § 1905, as added Pub. L. 103–322, title III, § 32101(a)(3), Sept. 13, 1994, 108 Stat. 1900.)
42 U.S.C. § 3796gg–0 (THE PUBLIC HEALTH AND WELFARE)
§ 3796gg–0. Establishment of Violence Against Women Office
(a) In general
There is hereby established within the Department of Justice, under the general authority of the Attorney General, a Violence Against Women Office (in this subchapter referred to as the “Office”).
(b) Separate office
The Office shall be a separate and distinct office within the Department of Justice, headed by a Director, who shall report to the Attorney General and serve as Counsel to the Attorney General on the subject of violence against women, and who shall have final authority over all grants, cooperative agreements, and contracts awarded by the Office.
(c) Jurisdiction
Under the general authority of the Attorney General, the Office—
(1) shall have sole jurisdiction over all duties and functions described in section 3796gg–0b of this title; and
(2) shall be solely responsible for coordination with other departments, agencies, or offices of all activities authorized or undertaken under the Violence Against Women Act of 1994 (title VI 1 of Public 103–322) and the Violence Against Women Act of 2000 (Division B of Public Law 106–386).
(Pub. L. 90–351, title I, § 2002, as added Pub. L. 107–273, div. A, title IV, § 402(3), Nov. 2, 2002, 116 Stat. 1789.)
heading: References in Text
text: The Violence Against Women Act of 1994, referred to in subsec. (c)(2), is title IV of Pub. L. 103–322, Sept. 13, 1994, 108 Stat. 1902, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 13701 of this title and Tables.
The Violence Against Women Act of 2000, referred to in subsec. (c)(2), is div. B of Pub. L. 106–386, Oct. 28, 2000, 114 Stat. 1491. For complete classification of this Act to the Code, see Short Title of 2000 Amendments note set out under section 13701 of this title and Tables.
heading: Prior Provisions
text: A prior section 2002 of Pub. L. 90–351 was renumbered section 2007 and is classified to section 3796gg–1 of this title.
heading: Effective Date
text: Pub. L. 107–273, div. A, title IV, § 403, Nov. 2, 2002, 116 Stat. 1791, provided that: “This title [enacting this section and sections 3796gg–0a to 3796gg–0d of this title, amending sections 3796gg–1 to 3796gg–5 of this title, and enacting provisions set out as a note under section 3711 of this title] shall take effect 90 days after this bill becomes law [Nov. 2, 2002].”