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42 U.S.C. § 10403 (THE PUBLIC HEALTH AND WELFARE)
§ 10403. Authorization of appropriations
(a) Formula grants to States
(1) In general
There is authorized to be appropriated to carry out sections 10401 through 10412 of this title, $175,000,000 for each of fiscal years 2011 through 2015.
(2) Allocations
(A) Formula grants to States
(i) Reservation of funds
For any fiscal year for which the amounts appropriated under paragraph (1) exceed $130,000,000, not less than 25 percent of such excess funds shall be made available to carry out section 10412 of this title.
(ii) Formula grants
Of the amounts appropriated under paragraph (1) for a fiscal year and not reserved under clause (i), not less than 70 percent shall be used for making grants under section 10406(a) of this title.
(B) Grants to tribes
Of the amounts appropriated under paragraph (1) for a fiscal year and not reserved under subparagraph (A)(i), not less than 10 percent shall be used to carry out section 10409 of this title.
(C) Technical assistance and training centers
Of the amounts appropriated under paragraph (1) for a fiscal year and not reserved under subparagraph (A)(i), not less than 6 percent shall be used by the Secretary for making grants under section 10410 of this title.
(D) Grants for State Domestic Violence Coalitions
Of the amounts appropriated under paragraph (1) for a fiscal year and not reserved under subparagraph (A)(i), not less than 10 percent of such amounts shall be used by the Secretary for making grants under section 10411 of this title.
(E) Administration, evaluation and monitoring
Of the amount appropriated under paragraph (1) for a fiscal year and not reserved under subparagraph (A)(i), not more than 2.5 percent shall be used by the Secretary for evaluation, monitoring, and other administrative costs under this chapter.
(b) National domestic violence hotline
There is authorized to be appropriated to carry out section 10413 of this title $3,500,000 for each of fiscal years 2011 through 2015.
(c) Domestic Violence Prevention Enhancement and Leadership Through Alliances
There is authorized to be appropriated to carry out section 10414 of this title $6,000,000 for each of fiscal years 2011 through 2015.
(Pub. L. 98–457, title III, § 303, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3486.)
heading: Prior Provisions
text: A prior section 10403, Pub. L. 98–457, title III, § 304, Oct. 9, 1984, 98 Stat. 1759; Pub. L. 102–295, title III, § 312, May 28, 1992, 106 Stat. 204; Pub. L. 104–208, div. A, title I, § 101(e) [title II, § 213], Sept. 30, 1996, 110 Stat. 3009–233, 3009–254; Pub. L. 104–235, title II, § 202, Oct. 3, 1996, 110 Stat. 3089; Pub. L. 106–386, div. B, title II, § 1202(b), Oct. 28, 2000, 114 Stat. 1505, related to allotment of funds, prior to the general amendment of this chapter by Pub. L. 111–320. See section 10405 of this title.
A prior section 303 of Pub. L. 98–457 was classified to section 10402 of this title prior to the general amendment of this chapter by Pub. L. 111–320.
42 U.S.C. § 10409 (THE PUBLIC HEALTH AND WELFARE)
§ 10409. Grants for Indian tribes
(a) Grants authorized
The Secretary, in consultation with tribal governments pursuant to Executive Order No. 13175 (25 U.S.C. 450 note) and in accordance with section 14045d of this title, shall continue to award grants for Indian tribes from amounts appropriated under section 10403(a)(2)(B) of this title to carry out this section.
(b) Eligible entities
To be eligible to receive a grant under this section, an entity shall be an Indian tribe, or a tribal organization or nonprofit private organization authorized by an Indian tribe. An Indian tribe shall have the option to authorize a tribal organization or a nonprofit private organization to submit an application and administer the grant funds awarded under this section.
(c) Conditions
Each recipient of such a grant shall comply with requirements that are consistent with the requirements applicable to grantees under section 10406 of this title.
(d) Grantee application
To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary under section 10407 of this title at such time, in such manner, and containing such information as the Secretary determines to be essential to carry out the objectives and provisions of this chapter. The Secretary shall approve any application that meets requirements consistent with the requirements of section 10406(c) of this title and section 10407(a) of this title.
(e) Use of funds
An amount provided under a grant to an eligible entity shall be used for the services described in section 10408(b) of this title.
(Pub. L. 98–457, title III, § 309, as added Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3496.)
heading: Prior Provisions
text: A prior section 10409, Pub. L. 98–457, title III, § 310, Oct. 9, 1984, 98 Stat. 1763; Pub. L. 100–294, title III, § 301, Apr. 25, 1988, 102 Stat. 124; Pub. L. 102–295, title III, § 316, May 28, 1992, 106 Stat. 206; Pub. L. 103–322, title IV, § 40241, Sept. 13, 1994, 108 Stat. 1934; Pub. L. 104–235, title II, § 203, Oct. 3, 1996, 110 Stat. 3089; Pub. L. 106–386, div. B, title II, § 1202(a), Oct. 28, 2000, 114 Stat. 1505; Pub. L. 108–36, title IV, § 406(a), (b), June 25, 2003, 117 Stat. 827, related to authorization of appropriations, prior to the general amendment of this chapter by Pub. L. 111–320. See section 10403 of this title.
A prior section 309 of Pub. L. 98–457 was renumbered section 320 and transferred to section 10421 of this title prior to the general amendment of this chapter by Pub. L. 111–320.
42 U.S.C. § 10415 (THE PUBLIC HEALTH AND WELFARE)
§ 10415. Repealed. Pub. L. 108–36, title IV, § 410, June 25, 2003, 117 Stat. 827
text: Section, Pub. L. 98–457, title III, § 315, as added Pub. L. 102–295, title III, § 321, May 28, 1992, 106 Stat. 210, related to model State leadership grants for domestic violence intervention.
42 U.S.C. § 10416 (THE PUBLIC HEALTH AND WELFARE)
§ 10416. Omitted
heading: Codification
text: Section, Pub. L. 98–457, title III, § 316, as added Pub. L. 103–322, title IV, § 40211, Sept. 13, 1994, 108 Stat. 1925; amended Pub. L. 106–386, div. B, title II, § 1204, Oct. 28, 2000, 114 Stat. 1507; Pub. L. 108–36, title IV, § 411, June 25, 2003, 117 Stat. 827; Pub. L. 109–162, title II, § 206, Jan. 5, 2006, 119 Stat. 3002, which provided for national domestic violence hotline and Internet grants, was omitted in the general amendment of this chapter by Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3484. See section 10413 of this title.
42 U.S.C. § 10417 (THE PUBLIC HEALTH AND WELFARE)
§ 10417. Repealed. Pub. L. 108–36, title IV, § 412, June 25, 2003, 117 Stat. 829
text: Section, Pub. L. 98–457, title III, § 317, as added Pub. L. 103–322, title IV, § 40251, Sept. 13, 1994, 108 Stat. 1935, related to programs for education of young people about domestic violence and violence among intimate partners.
42 U.S.C. § 10418, 10419 (THE PUBLIC HEALTH AND WELFARE)
§§ 10418, 10419. Omitted
heading: Codification
text: Sections 10418 and 10419 were omitted in the general amendment of this chapter by Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3484.
Section 10418, Pub. L. 98–457, title III, § 318, as added Pub. L. 103–322, title IV, § 40261, Sept. 13, 1994, 108 Stat. 1935; amended Pub. L. 105–392, title IV, § 407(a), Nov. 13, 1998, 112 Stat. 3589; Pub. L. 106–386, div. B, title IV, § 1403, Oct. 28, 2000, 114 Stat. 1514; Pub. L. 108–36, title IV, § 413, June 25, 2003, 117 Stat. 830, related to demonstration grants for community initiatives.
Section 10419, Pub. L. 98–457, title III, § 319, as added Pub. L. 106–386, div. B, title II, § 1203, Oct. 28, 2000, 114 Stat. 1506; amended Pub. L. 108–36, title IV, § 414, June 25, 2003, 117 Stat. 830, related to transitional housing assistance.
42 U.S.C. § 10421 (THE PUBLIC HEALTH AND WELFARE)
§ 10421. Omitted
heading: Codification
text: Section, Pub. L. 98–457, title III, § 320, formerly § 309, Oct. 9, 1984, 98 Stat. 1762; Pub. L. 102–295, title III, § 311(b), May 28, 1992, 106 Stat. 203; Pub. L. 103–322, title IV, § 40272(a), Sept. 13, 1994, 108 Stat. 1937; renumbered § 320 and amended Pub. L. 108–36, title IV, §§ 405, 415(5), June 25, 2003, 117 Stat. 826, 830, which defined terms as used in this chapter, was omitted in the general amendment of this chapter by Pub. L. 111–320, title II, § 201, Dec. 20, 2010, 124 Stat. 3484. See section 10402 of this title.
42 U.S.C. § 10501 (THE PUBLIC HEALTH AND WELFARE)
§ 10501. Application for assistance
(a) State as applicant
In the event that a law enforcement emergency exists throughout a State or a part of a State, a State (on behalf of itself or another appropriate unit of government) may submit an application under this section for Federal law enforcement assistance.
(b) Execution of application; period for action of Attorney General on application
An application for assistance under this section shall be submitted in writing by the chief executive officer of a State to the Attorney General, in a form prescribed by rules issued by the Attorney General. The Attorney General shall, after consultation with the Assistant Attorney General for the Office of Justice Programs and appropriate members of the Federal law enforcement community, approve or disapprove such application not later than 10 days after receiving such application.
(c) Criteria
Federal law enforcement assistance may be provided if such assistance is necessary to provide an adequate response to a law enforcement emergency. In determining whether to approve or disapprove an application for assistance under this section, the Attorney General shall consider—
(1) the nature and extent of such emergency throughout a State or in any part of a State,
(2) the situation or extraordinary circumstances which produced such emergency,
(3) the availability of State and local criminal justice resources to resolve the problem,
(4) the cost associated with the increased Federal presence,
(5) the need to avoid unnecessary Federal involvement and intervention in matters primarily of State and local concern, and
(6) any assistance which the State or other appropriate unit of government has received, or could receive, under any provision of title I of the Omnibus Crime Control and Safe Streets Act of 1968 [42 U.S.C. 3701 et seq.].
(Pub. L. 98–473, title II, § 609M, Oct. 12, 1984, 98 Stat. 2103; Pub. L. 109–162, title XI, § 1113, Jan. 5, 2006, 119 Stat. 3103.)
heading: References in Text
text: The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (c)(6), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197, as amended, title I of which is classified principally to chapter 46 (§ 3701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of this title and Tables.
heading: Amendments
text: 2006—Subsec. (b). Pub. L. 109–162 substituted “the Assistant Attorney General for the Office of Justice Programs” for “the Director of the Office of Justice Assistance”.
heading: Effective Date
text: Chapter effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as a note under section 3711 of this title.
42 U.S.C. § 10503 (THE PUBLIC HEALTH AND WELFARE)
§ 10503. Limitation on authority
(a) Federal investigations
Nothing in this chapter authorizes the use of Federal law enforcement personnel to investigate violations of criminal law other than violations with respect to which investigation is authorized by other provisions of law.
(b) Federal supervision
Nothing in this chapter shall be construed to authorize the Attorney General or the Federal law enforcement community to exercise any direction, supervision, or control over any police force or other criminal justice agency of an applicant for Federal law enforcement assistance.
(c) Racial balance in criminal justice agencies
Nothing in this chapter shall be construed to authorize the Attorney General or the Federal law enforcement community—
(1) to condition the availability or amount of Federal law enforcement assistance upon the adoption by an applicant for such assistance of, or
(2) to deny or discontinue such assistance upon the failure of such applicant to adopt,
a percentage ratio, quota system, or other program to achieve racial balance in any criminal justice agency of such applicant.
(d) Federal supplantation of State funds
No funds provided under this chapter may be used to supplant State or local funds that would otherwise be made available for such purposes.
(e) Other authorities unaffected
Nothing in this chapter shall be construed to limit any authority to provide emergency assistance otherwise provided by law.
(Pub. L. 98–473, title II, § 609O, Oct. 12, 1984, 98 Stat. 2105.)
42 U.S.C. § 10504 (THE PUBLIC HEALTH AND WELFARE)
§ 10504. Prohibition of discrimination
(a) Federally assisted emergency assistance activities
No person in any State shall, on the ground of race, color, religion, national origin, or sex, be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any activity for which Federal law enforcement assistance is provided under this chapter.
(b) Provisions of section 3789d(c)(3) and (4) of this title applicable to violations
Paragraph (3) and paragraph (4) of section 3789d(c) of this title shall apply with respect to a violation of subsection (a) of this section, except that the terms “this section” and “paragraph (1)”, as such terms appear in such paragraphs, shall be deemed to be references to subsection (a) of this section, and a reference to the Office of Justice Programs in such paragraphs shall be deemed to be a reference to the Attorney General.
(Pub. L. 98–473, title II, § 609P, Oct. 12, 1984, 98 Stat. 2105.)
42 U.S.C. § 10505 (THE PUBLIC HEALTH AND WELFARE)
§ 10505. Confidentiality of information
Section 3789g of this title shall apply with respect to—
(1) information furnished under this chapter,
(2) criminal history information collected, stored, or disseminated with the support of Federal law enforcement assistance provided under this chapter, and
(3) criminal intelligence systems operating with the support of Federal law enforcement assistance provided under this chapter,
except that the terms “this chapter” and “this section”, as such terms appear in such section 3789g of this title, shall be deemed to be references to this chapter and this section, respectively, and a reference to the Office of Justice Programs in such section 3789g shall be deemed to be a reference to the Attorney General.
(Pub. L. 98–473, title II, § 609Q, Oct. 12, 1984, 98 Stat. 2105.)
42 U.S.C. § 10507 (THE PUBLIC HEALTH AND WELFARE)
§ 10507. Repayment
(a) Violation of conditions; amount
If Federal law enforcement assistance provided under this chapter is used by the recipient of such assistance in violation of section 10504 1 of this title or for any purpose other than the purpose for which it is provided, then such recipient shall promptly repay to the Attorney General an amount equal to the value of such assistance.
(b) Civil action
The Attorney General may bring a civil action in an appropriate United States district court to recover any amount required to be repaid under subsection (a) of this section.
(Pub. L. 98–473, title II, § 609S, Oct. 12, 1984, 98 Stat. 2106.)
heading: References in Text
text: Section 10504 of this title, referred to in subsec. (a), was in the original a reference to “section 554”, and was translated as if it had been a reference to section 609P of Pub. L. 98–473, which is classified to section 10504 of this title to reflect the probable intent of Congress as manifested in earlier versions of Emergency Federal Law Enforcement Assistance provisions introduced in the Congress. Pub. L. 98–473 does not contain a section 554.
42 U.S.C. § 10508 (THE PUBLIC HEALTH AND WELFARE)
§ 10508. Recordkeeping requirement
(a) Each recipient of Federal law enforcement assistance provided under this chapter shall keep such records as the Attorney General may prescribe to facilitate an effective audit.
(b) The Attorney General and the Comptroller General of the United States shall have access, for the purpose of audit and examination, to any books, documents, and records of recipients of Federal law enforcement assistance provided under this chapter which, in the opinion of the Attorney General or the Comptroller General, are related to the receipt or use of such assistance.
(Pub. L. 98–473, title II, § 609T, Oct. 12, 1984, 98 Stat. 2106.)
42 U.S.C. § 10509 (THE PUBLIC HEALTH AND WELFARE)
§ 10509. Repealed. Pub. L. 105–362, title X, § 1001(a), Nov. 10, 1998, 112 Stat. 3291
text: Section, Pub. L. 98–473, title II, § 609U, Oct. 12, 1984, 98 Stat. 2106, related to Attorney General’s annual report to Congress and the President on emergency Federal law enforcement assistance.
42 U.S.C. § 10510 (THE PUBLIC HEALTH AND WELFARE)
§ 10510. Bureau of Justice Assistance
The Director of the Bureau of Justice Assistance may assist the Attorney General in providing Federal law enforcement assistance under this chapter and in coordinating the activities authorized under this chapter.
(Pub. L. 98–473, title II, § 609V, Oct. 12, 1984, 98 Stat. 2106.)
heading: Transfer of Functions
text: Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 3741 of this title.
42 U.S.C. § 10511 (THE PUBLIC HEALTH AND WELFARE)
§ 10511. Limitation on civil justice matters
Federal law enforcement assistance provided under this chapter may not be used with respect to civil justice matters except to the extent that such civil justice matters bear directly and substantially upon criminal justice matters or are inextricably intertwined with criminal justice matters.
(Pub. L. 98–473, title II, § 609W, Oct. 12, 1984, 98 Stat. 2106.)
42 U.S.C. § 10512 (THE PUBLIC HEALTH AND WELFARE)
§ 10512. Issuance of rules
The Attorney General, after consultation with appropriate members of the law enforcement community and with State and local officials, shall issue rules to carry out this chapter.
(Pub. L. 98–473, title II, § 609X, Oct. 12, 1984, 98 Stat. 2107.)
42 U.S.C. § 10513 (THE PUBLIC HEALTH AND WELFARE)
§ 10513. Authorization of appropriations
(a) Assistance in form of funds
There is authorized to be appropriated $20,000,000 for each fiscal year ending after September 30, 1984, to provide under this chapter Federal law enforcement assistance in the form of funds.
(b) Assistance other than funds
There are authorized to be appropriated for each fiscal year ending after September 30, 1984, such sums as may be necessary to provide under this chapter Federal law enforcement assistance other than funds.
(Pub. L. 98–473, title II, § 609Y, Oct. 12, 1984, 98 Stat. 2107.)
42 U.S.C. § 10603a (THE PUBLIC HEALTH AND WELFARE)
§ 10603a. Child abuse prevention and treatment grants
Amounts made available by section 10601(d)(2) of this title for the purposes of this section shall be obligated and expended by the Secretary of Health and Human Services for grants under section 5106c 1 of this title. Any portion of an amount which is not obligated by the Secretary by the end of the fiscal year in which funds are made available for allocation, shall be reallocated for award under section 10603(a) of this title, except that with respect to funds deposited during fiscal year 1986 and made available for obligation during fiscal year 1987, any unobligated portion of such amount shall remain available for obligation until September 30, 1988.
(Pub. L. 98–473, title II, § 1404A, as added Pub. L. 99–401, title I, § 102(b)(3), Aug. 27, 1986, 100 Stat. 905; amended Pub. L. 103–121, title I, § 110(b), Oct. 27, 1993, 107 Stat. 1164; Pub. L. 104–235, title I, § 113(b), Oct. 3, 1996, 110 Stat. 3079.)
heading: References in Text
text: Section 5106c of this title, referred to in text, was in the original “section 109 of the Child Abuse Prevention and Treatment Act”, meaning section 109 of Pub. L. 93–247, and was translated as reading section 107 of that act to reflect the probable intent of Congress and the renumbering of section 109 as section 107 by section 113(a)(1)(B) of Pub. L. 104–235, title I, Oct. 3, 1996, 110 Stat. 3079.
heading: Amendments
text: 1996—Pub. L. 104–235 substituted “section 10601(d)(2) of this title” for “section 10601(d)(2)(D) and (d)(3) of this title.” and “section 5106c” for “section 5103(d)”.
1993—Pub. L. 103–121 substituted “section 10601(d)(2)(D) and (d)(3) of this title.” for “section 10601(d)(2) of this title”.
42 U.S.C. § 10603d (THE PUBLIC HEALTH AND WELFARE)
§ 10603d. Crime victims legal assistance grants
(a) In general
The Director may make grants as provided in section 10603(c)(1)(A) of this title to State, tribal, and local prosecutors’ offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public and private entities, to develop, establish, and maintain programs for the enforcement of crime victims’ rights as provided in law.
(b) Prohibition
Grant amounts under this section may not be used to bring a cause of action for damages.
(c) False Claims Act
Notwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31 (commonly known as the “False Claims Act”) may be used for grants under this section, subject to appropriation.
(Pub. L. 98–473, title II, § 1404D, as added Pub. L. 108–405, title I, § 103(a), Oct. 30, 2004, 118 Stat. 2264.)
42 U.S.C. § 10603e (THE PUBLIC HEALTH AND WELFARE)
§ 10603e. Crime victims notification grants
(a) In general
The Director may make grants as provided in section 10603(c)(1)(A) of this title to State, tribal, and local prosecutors’ offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public or private entities, to develop and implement state-of-the-art systems for notifying victims of crime of important dates and developments relating to the criminal proceedings at issue in a timely and efficient manner, provided that the jurisdiction has laws substantially equivalent to the provisions of chapter 237 of title 18.
(b) Integration of systems
Systems developed and implemented under this section may be integrated with existing case management systems operated by the recipient of the grant.
(c) Authorization of appropriations
In addition to funds made available under section 10601(d) of this title, there are authorized to be appropriated to carry out this section—
(1) $5,000,000 for fiscal year 2005; and
(2) $5,000,000 for each of the fiscal years 2006, 2007, 2008, and 2009.
(d) False Claims Act
Notwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31 (commonly known as the “False Claims Act”) may be used for grants under this section, subject to appropriation.
(Pub. L. 98–473, title II, § 1404E, as added Pub. L. 108–405, title I, § 103(c), Oct. 30, 2004, 118 Stat. 2265.)