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42 U.S.C. § 10605 (THE PUBLIC HEALTH AND WELFARE)
§ 10605. Establishment of Office for Victims of Crime
(a) Office established within Department of Justice
There is established within the Department of Justice an Office for Victims of Crime (hereinafter in this chapter referred to as the “Office”).
(b) Appointment of Director; authority; restrictions
The Office shall be headed by a Director (referred to in this chapter as the “Director”), who shall be appointed by the President. The Director shall report to the Attorney General through the Assistant Attorney General for the Office of Justice Programs and shall have final authority for all grants, cooperative agreements, and contracts awarded by the Office. The Director shall not engage in any employment other than that of serving as the Director, nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other agreement under this chapter.1
(c) Duties of Director
The Director shall have the following duties:
(1) Administering funds made available by section 10601 of this title.
(2) Providing funds to eligible States pursuant to sections 10602 and 10603 of this title.
(3) Establishing programs in accordance with section 10603(c) of this title on terms and conditions determined by the Director to be consistent with that subsection.
(4) Cooperating with and providing technical assistance to States, units of local government, and other public and private organizations or international agencies involved in activities related to crime victims.
(5) Such other functions as the Attorney General may delegate.
(Pub. L. 98–473, title II, § 1411, as added Pub. L. 100–690, title VII, § 7123(a), Nov. 18, 1988, 102 Stat. 4420; amended Pub. L. 112–166, § 2(h)(5), Aug. 10, 2012, 126 Stat. 1285.)
heading: References in Text
text: This chapter, the last place it appears in subsec. (b), was in the original “this part”, which has been translated as reading in the original “this chapter” meaning chapter XIV of title II of Pub. L. 98–473 to reflect the probable intent of Congress because chapter XIV of title II of Pub. L. 98–473 which comprises this chapter, does not contain parts.
heading: Amendments
text: 2012—Subsec. (b). Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end of first sentence.
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
heading: Effective Date
text: Section not applicable with respect to a State compensation program that was an eligible State crime victim compensation program on Nov. 18, 1988, until Oct. 1, 1991, see section 7129 of Pub. L. 100–690, as amended, set out as an Effective Date of 1988 Amendment note under section 10601 of this title.
42 U.S.C. § 10606 (THE PUBLIC HEALTH AND WELFARE)
§ 10606. Repealed. Pub. L. 108–405, title I, § 102(c), Oct. 30, 2004, 118 Stat. 2264
text: Section, Pub. L. 101–647, title V, § 502, Nov. 29, 1990, 104 Stat. 4820, related to rights of crime victims. See section 3771 of Title 18, Crimes and Criminal Procedure.
42 U.S.C. § 10707 (THE PUBLIC HEALTH AND WELFARE)
§ 10707. Restrictions on activities of the Institute
(a) Litigation; interference with independence of State judiciary; funding of State judicial system activities other than pursuant to this chapter; legislative lobbying
The Institute shall not—
(1) participate in litigation unless the Institute or a recipient of the Institute is a party, and shall not participate on behalf of any client other than itself;
(2) interfere with the independent nature of any State judicial system or allow financial assistance to be used for the funding of regular judicial and administrative activities of any State judicial system other than pursuant to the terms of any grant, cooperative agreement, or contract with the Institute, consistent with the requirements of this chapter; or
(3) undertake to influence the passage or defeat of any legislation by the Congress of the United States or by any State or local legislative body, except that personnel of the Institute may testify or make other appropriate communication—
(A) when formally requested to do so by a legislative body, committee, or a member thereof;
(B) in connection with legislation or appropriations directly affecting the activities of the Institute; or
(C) in connection with legislation or appropriations dealing with improvements in the State judiciary, consistent with the provisions of this chapter.
(b) Issuance of shares of stock; declaration of dividends; compensation for services; reimbursement for expenses; political activities
(1) The Institute shall have no power to issue any shares of stock, or to declare or pay any dividends.
(2) No part of the income or assets of the Institute shall enure to the benefit of any director, officer, or employee, except as reasonable compensation for services or reimbursement for expenses.
(3) Neither the Institute nor any recipient shall contribute or make available Institute funds or program personnel or equipment to any political party or association, or the campaign of any candidate for public or party office.
(4) The Institute shall not contribute or make available Institute funds or program personnel or equipment for use in advocating or opposing any ballot measure, initiative, or referendum.
(c) Identification of Institute with political activities
Officers and employees of the Institute or of recipients shall not at any time intentionally identify the Institute or the recipient with any partisan or nonpartisan political activity associated with a political party or association, or the campaign of any candidate for public or party office.
(Pub. L. 98–620, title II, § 208, Nov. 8, 1984, 98 Stat. 3343.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this title”, meaning title II of Pub. L. 98–620, Nov. 8, 1984, 98 Stat. 3336, known as the State Justice Institute Act of 1984, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 10701 of this title and Tables.
42 U.S.C. § 10708 (THE PUBLIC HEALTH AND WELFARE)
§ 10708. Administrative provisions
(a) The Institute shall prescribe procedures to ensure that financial assistance under this chapter shall not be suspended unless the grantee, contractor, person, or entity receiving financial assistance under this chapter has been given reasonable notice and opportunity to show cause why such actions should not be taken.
(b) Except as provided by Federal law other than this chapter, no officer or employee of the Institute, and no recipient of assistance under this chapter, may use or reveal any research or statistical information furnished under this chapter by any person and identifiable to any specific private person for any purpose other than the purpose for which the information was obtained in accordance with this chapter. Such information and copies thereof shall be immune from legal process, and shall not, without the consent of the person furnishing such information, be admitted as evidence or used for any purpose in any action, suit, or other judicial, legislative, or administrative proceedings.
(Pub. L. 98–620, title II, § 209, Nov. 8, 1984, 98 Stat. 3344; Pub. L. 100–702, title VI, § 606, Nov. 19, 1988, 102 Stat. 4653.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 98–620, Nov. 8, 1984, 98 Stat. 3336, known as the State Justice Institute Act of 1984, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 10701 of this title and Tables.
heading: Amendments
text: 1988—Pub. L. 100–702 substituted “Administrative provisions” for “Special procedures” in section catchline, and amended text generally, changing structure of section from a single unlettered paragraph to one consisting of subsecs. (a) and (b).
42 U.S.C. § 10709 (THE PUBLIC HEALTH AND WELFARE)
§ 10709. Presidential coordination
The President may, to the extent not inconsistent with any other applicable law, direct that appropriate support functions of the Federal Government may be made available to the Institute in carrying out its functions under this chapter.
(Pub. L. 98–620, title II, § 210, Nov. 8, 1984, 98 Stat. 3344.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 98–620, Nov. 8, 1984, 98 Stat. 3336, known as the State Justice Institute Act of 1984, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 10701 of this title and Tables.
42 U.S.C. § 10710 (THE PUBLIC HEALTH AND WELFARE)
§ 10710. Records and reports
(a) Reports
The Institute is authorized to require such reports as it deems necessary from any recipient with respect to activities carried out pursuant to this chapter.
(b) Records
The Institute is authorized to prescribe the keeping of records with respect to funds provided by any grant, cooperative agreement, or contract under this chapter and shall have access to such records at all reasonable times for the purpose of ensuring compliance with such grant, cooperative agreement, or contract or the terms and conditions upon which financial assistance was provided.
(c) Submission of copies of reports to recipients; maintenance in principal office of Institute; availability for public inspection; furnishing of copies to interested parties
Copies of all reports pertinent to the evaluation, inspection, or monitoring of any recipient shall be submitted on a timely basis to such recipient, and shall be maintained in the principal office of the Institute for a period of at least five years after such evaluation, inspection, or monitoring. Such reports shall be available for public inspection during regular business hours, and copies shall be furnished, upon request, to interested parties upon payment of such reasonable fees as the Institute may establish.
(d) Funds accounted for and reported as receipts and disbursements separate and distinct from Federal funds
Non-Federal funds received by the Institute, and funds received for projects funded in part by the Institute or by any recipient from a source other than the Institute, shall be accounted for and reported as receipts and disbursements separate and distinct from Federal funds.
(Pub. L. 98–620, title II, § 211, Nov. 8, 1984, 98 Stat. 3344.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b), was in the original “this title”, meaning title II of Pub. L. 98–620, Nov. 8, 1984, 98 Stat. 3336, known as the State Justice Institute Act of 1984, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 10701 of this title and Tables.
42 U.S.C. § 10712 (THE PUBLIC HEALTH AND WELFARE)
§ 10712. Report by Attorney General
Not later than October 1, 2002, the Attorney General, in consultation with the Federal Judicial Center, shall transmit to the Committees on the Judiciary of the Senate and the House of Representatives a report on the effectiveness of the Institute in carrying out the duties specified in section 10702(b) of this title. Such report shall include an assessment of the cost effectiveness of the program as a whole and, to the extent practicable, of individual grants, an assessment of whether the restrictions and limitations specified in sections 10706 and 10707 of this title have been respected, and such recommendations as the Attorney General, in consultation with the Federal Judicial Center, deems appropriate.
(Pub. L. 98–620, title II, § 213, Nov. 8, 1984, 98 Stat. 3346; Pub. L. 107–179, § 1, May 20, 2002, 116 Stat. 580.)
heading: Amendments
text: 2002—Pub. L. 107–179 substituted “Not later than October 1, 2002” for “On October 1, 1987”.
42 U.S.C. § 10713 (THE PUBLIC HEALTH AND WELFARE)
§ 10713. Authorization of appropriations
There are authorized to be appropriated to carry out the purposes of this chapter, $7,000,000 for each of fiscal years 2005, 2006, 2007, and 2008. Amounts appropriated for each such year are to remain available until expended.
(Pub. L. 98–620, title II, § 215, Nov. 8, 1984, 98 Stat. 3346; Pub. L. 100–690, title VII, § 7321(a), Nov. 18, 1988, 102 Stat. 4466; Pub. L. 100–702, title VI, § 607, Nov. 19, 1988, 102 Stat. 4654; Pub. L. 101–162, title V, Nov. 21, 1989, 103 Stat. 1028; Pub. L. 102–572, title VIII, § 801, Oct. 29, 1992, 106 Stat. 4515; Pub. L. 108–372, § 2, Oct. 25, 2004, 118 Stat. 1754.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 98–620, Nov. 8, 1984, 98 Stat. 3336, known as the State Justice Institute Act of 1984, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 10701 of this title and Tables.
heading: Amendments
text: 2004—Pub. L. 108–372 amended section generally, inserting section catchline and substituting provisions authorizing appropriations for fiscal years 2005 to 2008 for provisions authorizing appropriations for fiscal years 1993 to 1996.
1992—Pub. L. 102–572 amended section generally. Prior to amendment, section authorized appropriations of $15,000,000 for each of fiscal years 1989, 1990, 1991, and 1992.
1989—Pub. L. 101–162 repealed Pub. L. 100–702, § 607, and revived Pub. L. 100–690, § 7321(a). See 1988 Amendment notes below.
1988—Pub. L. 100–702, § 607, which amended section generally, substituting appropriations authorization of $15,000,000 for fiscal years 1989 and 1990, such amounts to remain available until expended for authorization of $15,000,000 for fiscal years 1989, 1990, 1991, and 1992, was repealed by Pub. L. 101–162, title V.
Pub. L. 100–690, § 7321(a), as revived by Pub. L. 101–162, title V, amended section generally, substituting appropriations authorization of $15,000,000 for fiscal years 1989 through 1992 for authorization of $13,000,000 for fiscal year 1986 and $15,000,000 for fiscal years 1987 and 1988.
42 U.S.C. § 10803 (THE PUBLIC HEALTH AND WELFARE)
§ 10803. Allotments
The Secretary shall make allotments under this subchapter to eligible systems to establish and administer systems—
(1) which meet the requirements of section 10805 of this title; and
(2) which are designed to—
(A) protect and advocate the rights of individuals with mental illness; and
(B) investigate incidents of abuse and neglect of individuals with mental illness if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred.
(Pub. L. 99–319, title I, § 103, May 23, 1986, 100 Stat. 479; Pub. L. 102–173, § 10(2), Nov. 27, 1991, 105 Stat. 1219.)
heading: Amendments
text: 1991—Par. (2). Pub. L. 102–173 substituted “individuals with mental illness” for “mentally ill individuals” in two places.
42 U.S.C. § 10807 (THE PUBLIC HEALTH AND WELFARE)
§ 10807. Legal actions
(a) Prior to instituting any legal action in a Federal or State court on behalf of a 1 individual with mental illness, an eligible system, or a State agency or nonprofit organization which entered into a contract with an eligible system under section 10804(a) of this title, shall exhaust in a timely manner all administrative remedies where appropriate. If, in pursuing administrative remedies, the system, agency, or organization determines that any matter with respect to such individual will not be resolved within a reasonable time, the system, agency, or organization may pursue alternative remedies, including the initiation of a legal action.
(b) Subsection (a) of this section does not apply to any legal action instituted to prevent or eliminate imminent serious harm to a 1 individual with mental illness.
(Pub. L. 99–319, title I, § 107, May 23, 1986, 100 Stat. 482; Pub. L. 102–173, § 10(1), Nov. 27, 1991, 105 Stat. 1219.)
heading: Amendments
text: 1991—Pub. L. 102–173 substituted “individual with mental illness” for “mentally ill individual” in subsecs. (a) and (b).
42 U.S.C. § 10823 (THE PUBLIC HEALTH AND WELFARE)
§ 10823. Payments under allotments
For each fiscal year, the Secretary shall make payments to each eligible system from its allotment under this subchapter. Any amount paid to an eligible system for a fiscal year and remaining unobligated at the end of such year shall remain available to such system for the next fiscal year for the purposes for which it was made.
(Pub. L. 99–319, title I, § 113, May 23, 1986, 100 Stat. 484.)
42 U.S.C. § 10824 (THE PUBLIC HEALTH AND WELFARE)
§ 10824. Reports by Secretary
(a) The Secretary shall include in each report required under section 15005 of this title a separate statement which contains—
(1) a description of the activities, accomplishments, and expenditures of systems to protect and advocate the rights of individuals with mental illness supported with payments from allotments under this subchapter, including—
(A) a specification of the total number of individuals with mental illness served by such systems;
(B) a description of the types of activities undertaken by such systems;
(C) a description of the types of facilities providing care or treatment with respect to which such activities are undertaken;
(D) a description of the manner in which such activities are initiated; and
(E) a description of the accomplishments resulting from such activities;
(2) a description of—
(A) systems to protect and advocate the rights of individuals with mental illness supported with payments from allotments under this subchapter;
(B) activities conducted by States to protect and advocate such rights;
(C) mechanisms established by residential facilities for individuals with mental illness to protect and advocate such rights; and
(D) the coordination among such systems, activities, and mechanisms;
(3) a specification of the number of systems established with allotments under this subchapter and of whether each such system was established by a public or nonprofit private entity; and
(4) recommendations for activities and services to improve the protection and advocacy of the rights of individuals with mental illness and a description of needs for such activities and services which have not been met by systems established under this subchapter.
(b) In preparing each statement required by subsection (a) of this section, the Secretary shall use and include information submitted to the Secretary in the reports required under section 10805(a)(7) of this title.
(Pub. L. 99–319, title I, § 114, May 23, 1986, 100 Stat. 484; Pub. L. 102–173, § 10(2), Nov. 27, 1991, 105 Stat. 1219; Pub. L. 106–402, title IV, § 401(b)(13)(B), Oct. 30, 2000, 114 Stat. 1739.)
heading: Amendments
text: 2000—Subsec. (a). Pub. L. 106–402 substituted “section 15005 of this title” for “section 6006(c) of this title” in introductory provisions.
1991—Subsec. (a). Pub. L. 102–173 substituted “individuals with mental illness” for “mentally ill individuals” wherever appearing.
42 U.S.C. § 10825 (THE PUBLIC HEALTH AND WELFARE)
§ 10825. Technical assistance
The Secretary shall use not more than 2 percent of the amounts appropriated under section 10827 of this title to provide technical assistance to eligible systems with respect to activities carried out under this subchapter, consistent with requests by such systems for such assistance.
(Pub. L. 99–319, title I, § 115, May 23, 1986, 100 Stat. 484; Pub. L. 100–509, § 7(b)(2), Oct. 20, 1988, 102 Stat. 2545.)
heading: Amendments
text: 1988—Pub. L. 100–509 amended section generally. Prior to amendment, section read as follows: “The Secretary shall provide technical assistance to eligible systems with respect to activities carried out under this subchapter.”
42 U.S.C. § 10826 (THE PUBLIC HEALTH AND WELFARE)
§ 10826. Administration
(a) In general
The Secretary shall carry out this subchapter through the Administrator of the Substance Abuse and Mental Health Services Administration.
(b) Regulations
Not later than 6 months after November 27, 1991, the Secretary shall promulgate final regulations to carry out this subchapter and subchapter III of this chapter.
(Pub. L. 99–319, title I, § 116, May 23, 1986, 100 Stat. 485; Pub. L. 102–173, § 9, Nov. 27, 1991, 105 Stat. 1219; Pub. L. 102–321, title I, § 163(c)(3)(B), July 10, 1992, 106 Stat. 377.)
heading: Amendments
text: 1992—Subsec. (a). Pub. L. 102–321 substituted “the Substance Abuse and Mental Health Services Administration” for “the Alcohol, Drug Abuse, and Mental Health Administration”.
1991—Pub. L. 102–173 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–321 effective Oct. 1, 1992, see section 801(c) of Pub. L. 102–321, set out as a note under section 236 of this title.
42 U.S.C. § 10827 (THE PUBLIC HEALTH AND WELFARE)
§ 10827. Authorization of appropriations
There are authorized to be appropriated for allotments under this subchapter, $19,500,000 for fiscal year 1992, and such sums as may be necessary for each of the fiscal years 1993 through 2003.
(Pub. L. 99–319, title I, § 117, May 23, 1986, 100 Stat. 485; Pub. L. 100–509, § 7(f), Oct. 20, 1988, 102 Stat. 2546; Pub. L. 102–173, § 8, Nov. 27, 1991, 105 Stat. 1219; Pub. L. 106–310, div. B, title XXXII, § 3206(f), Oct. 17, 2000, 114 Stat. 1195.)
heading: Amendments
text: 2000—Pub. L. 106–310 substituted “2003” for “1995”.
1991—Pub. L. 102–173 amended section generally. Prior to amendment, section read as follows: “For allotments under this subchapter, there are authorized to be appropriated $14,300,000 for fiscal year 1989, and such sums as may be necessary for fiscal year 1990 and fiscal year 1991.”
1988—Pub. L. 100–509 amended section generally. Prior to amendment, section read as follows: “For allotments under this subchapter, there are authorized to be appropriated $10,000,000 for fiscal year 1986, $10,500,000 for fiscal year 1987, and $11,025,000 for fiscal year 1988.”
heading: Effective Date of 1988 Amendment
text: Pub. L. 100–509, § 8, Oct. 20, 1988, 102 Stat. 2546, provided that:
“(a) In General.—
The amendments made by this Act [amending sections 10802, 10804 to 10806, 10821, 10822, and 10825 of this title], other than the amendment made by section 7(f) [amending this section], shall become effective on the date of the enactment of this Act [Oct. 20, 1988].
“(b) Authorization of Appropriations.—
The amendment made by section 7(f) [amending this section] shall become effective on October 1, 1988.”
42 U.S.C. § 10851 (THE PUBLIC HEALTH AND WELFARE)
§ 10851. Construction of subchapters I and II; “individual with mental illness” defined
(a) Subchapters I and II of this chapter shall not be construed as establishing any new rights for individuals with mental illness.
(b) For purposes of this section, the term “individual with mental illness” has the same meaning as in section 10802(3) 1 of this title.
(Pub. L. 99–319, title III, § 301, May 23, 1986, 100 Stat. 489; Pub. L. 102–173, § 10, Nov. 27, 1991, 105 Stat. 1219.)
heading: References in Text
text: Section 10802(3) of this title, referred to in subsec. (b), was redesignated section 10802(4) of this title by Pub. L. 102–173, § 4(1), Nov. 27, 1991, 105 Stat. 1217.
heading: Amendments
text: 1991—Pub. L. 102–173, substituted “individuals with mental illness” for “mentally ill individuals” in subsec. (a) and “individual with mental illness” for “mentally ill individual” in subsec. (b).