42 U.S.C. § 3789
Section 3789 · Title to personal property
Amended 5 times on record
Applied in 4 court decisions — leading case Massachusetts Fair Share v. Law Enforcement Assistance Administration (1985)
Most recently applied in United States v. City of New Orleans (September 2013)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Notwithstanding any other provision of law, title to all expendable and nonexpendable personal property purchased with funds made available under this chapter, including such property purchased with funds made available under this chapter as in effect before October 12, 1984, shall vest in the criminal justice agency or nonprofit organization that purchased the property if it certifies to the State office responsible for the trust fund required by section 3757 of this title, or the State office described in section 3796aa–7 1 of this title,,2 as the case may be, that it will use the property for criminal justice purposes. If such certification is not made, title to the property shall vest in the State office, which shall seek to have the property used for criminal justice purposes elsewhere in the State prior to using it or disposing of it in any other manner.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
Section 3796aa–7 of this title, referred to in text, was repealed by Pub. L. 103–322, title IV, §40156(c)(8), Sept. 13, 1994, 108 Stat. 1924.
Prior Provisions
A prior section 3789, Pub. L. 90–351, title I, §811, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1205, authorized use of available services, prior to repeal by section 609B(e) of Pub. L. 98–473. See section 3788(b) of this title.
A prior section 808 of Pub. L. 90–351, title I, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1204, amended section 5314 of Title 5, Government Organization and Employees, prior to repeal by section 609B(e) of Pub. L. 98–473.
Amendments
2006—Pub. L. 109–162 substituted “the State office responsible for the trust fund required by section 3757 of this title, or the State office described in section 3796aa–7 of this title,” for “the State office described in section 3757 or 3796aa–7 of this title”.
1994—Pub. L. 103–322 substituted “3757” for “3748, 3796o,”.
1990—Pub. L. 101–647 substituted “, 3796o, or 3796aa–7 of this title” for “or 3796o of this title”.
1986—Pub. L. 99–570 inserted reference to section 3796o of this title and “, as the case may be,”.
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–162 applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109–162, set out as a note under section 3750 of this title.
Effective Date
Section effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as a note under section 3711 of this title.