42 USC Ch. 46: Front Matter
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42 USC Ch. 46: Front Matter
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 46-JUSTICE SYSTEM IMPROVEMENT

CHAPTER 46-JUSTICE SYSTEM IMPROVEMENT

Sec.
3701.
Repealed.

        

SUBCHAPTER I-OFFICE OF JUSTICE PROGRAMS

3711.
Establishment of Office of Justice Programs.
3712.
Duties and functions of Assistant Attorney General.

        

(a)

Specific, general and delegated powers.

(b)

Annual report to President and Congress.

SUBCHAPTER II-NATIONAL INSTITUTE OF JUSTICE

3721.
Statement of purpose.
3722.
National Institute of Justice.

        

(a)

Establishment; general authority of Attorney General over Institute.

(b)

Director of Institute; appointment by President; authority; restrictions.

(c)

Duties and functions.

(d)

Criminal and civil justice research.

3723.
Authority for 100 per centum grants.
3724.
Repealed.

        

SUBCHAPTER III-BUREAU OF JUSTICE STATISTICS

3731.
Statement of purpose.
3732.
Bureau of Justice Statistics.

        

(a)

Establishment.

(b)

Appointment of Director; experience; authority; restrictions.

(c)

Duties and functions of Bureau.

(d)

Justice statistical collection, analysis, and dissemination.

(e)

Furnishing of information, data, or reports by Federal agencies.

(f)

Consultation with representatives of State and local government and judiciary.

3733.
Authority for 100 per centum grants.
3734.
Repealed.
3735.
Use of data.

        

SUBCHAPTER IV-ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE

3741.
Establishment of Bureau of Justice Assistance.
3742.
Duties and functions of Director.

        

SUBCHAPTER V-BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

3750.
Name of programs.
3750a.
Grant authorization.

        

(a)

Purpose.

(b)

Grants.

3750b.
Application.

        

(a)

Submission.

(b)

Content.

3750c.
Award of grants.

        

(a)

In general.

(b)

Grant amounts.

(c)

Multiple committees.

(d)

Renewal of grants.

3750d.
Authorization of appropriations.

        

Part A-Drug Control and System Improvement Grant Program

3751.
Description of drug control and system improvement grant program.

        

(a)

Purpose of program.

(b)

Grants to States and units of local government; purposes of grants.

(c)

Program evaluation component; waiver.

3752.
Eligibility.
3753.
State applications.
3754.
Grant limitations.

        

(a)

Cost of identified uses.

(b)

Administrative costs.

(c)

Participation in State and Local Task Force Program; use of grant.

(d)

Conduct of evaluation expenses.

(e)

Non-Federal portion costs.

(f)

Programs already receiving funds.

3755.
Review of State applications.

        

(a)

Financial assistance upon approval of application or amendment.

(b)

Time limitation for approval; specific reasons for disapproval.

(c)

Limitation on use of grant funds for land acquisition or construction projects.

(d)

Reasonable notice and opportunity for reconsideration before final disapproval.

3756.
Allocation and distribution of funds under formula grants.

        

(a)

States.

(b)

Units of local government.

(c)

Programs eligible.

(d)

Unneeded State allocated funds distributed to units of local government.

(e)

Funds not distributed.

(f)

Testing certain sex offenders for human immunodeficiency virus.

3757.
State office.
3758.
Distribution of grants to local government.
3759.
Improvement of criminal justice records.

        

(a)

Percentage allocation of funds.

(b)

Includible improvements.

(c)

Guidelines.

(d)

Expenditures unwarranted in light of quality of criminal justice records.

Part B-Discretionary Grants

subpart 1-grants to public and private entities

3760.
Purposes.

        

(a)

In general.

(b)

Grants and contracts.

(c)

Firearm safety education grants.

3761.
Allocation of funds for grants.
3762.
Limitation on use of discretionary grant funds.

        

subpart 2-grants to public agencies

3762a.
Correctional options grants.

        

(a)

Authority to make grants.

(b)

Selection of grantees.

(c)

Consultations.

3762b.
Allocation of funds; administrative provisions.

        

(a)

Allocation of funds.

(b)

Limit on grant share of cost.

(c)

Rules; report; request for applications.

subpart 3-general requirements

3763.
Application requirements.
3764.
Period of award.

        

Part C-Administrative Provisions

3766.
Evaluation.

        

(a)

Guidelines and comprehensive evaluations.

(b)

Criteria for selecting programs for review.

(c)

Annual report.

3766a.
General provisions.
3766b.
Reports.

        

SUBCHAPTER VI-CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT PROGRAM

3769.
Authority for payments.
3769a.
Eligibility.

        

(a)

Conditions.

(b)

Development of plan; limitation of assistance.

3769b.
Application; approval; payment.

        

(a)

Terms and conditions of application.

(b)

Approval of application; criteria.

(c)

Amount of payment; limitation.

(d)

Amendment of application; approval.

3769c.
Recapture provisions.
3769d.
Clearinghouse on the construction and modernization of criminal justice facilities.

        

(a)

Functions; information.

(b)

Authority of Director.

SUBCHAPTER VII-FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE PERSONNEL

3771.
Training and manpower development.

        

(a)

Functions, powers, and duties of Director of Federal Bureau of Investigation.

(b)

General authority of Attorney General over Director.

(c)

Training programs for State and local personnel at Federal Training Center.

(d)

Rail carrier costs.

(e)

Definitions.

SUBCHAPTER VIII-ADMINISTRATIVE PROVISIONS

3781.
Repealed.
3782.
Rules, regulations, and procedures; consultations and establishment.

        

(a)

General authorization of certain Federal agencies.

(b)

Continuing evaluation of selected programs or projects; cost, effectiveness, impact value, and comparative considerations; annual performance report; assessment of activity effectiveness; suspension of funds for nonsubmission of report.

(c)

Procedures for paperwork minimization and prevention of duplication and delays in award and expenditure of funds.

3783.
Notice and hearing on denial or termination of grant.

        

(a)

Payments to recipients; limitation, reduction, or termination.

(b)

Notice of action; reasons for action; hearing or investigation; finality of findings and determinations; reasons in detail for action without hearing.

(c)

Rehearing; regulations and procedures; presentation of additional information.

3784.
Finality of determinations.
3785.
Appellate court review.

        

(a)

Jurisdiction of court of appeals; petition for review; time for filing, copies; record; objections before appropriate agency.

(b)

Determination by court of appeals: conclusiveness of findings; remand; conclusiveness of new or modified findings.

(c)

Determination by court of appeals; Supreme Court review.

3786.
Delegation of functions.
3787.
Subpoena power; employment of hearing officers; authority to hold hearings.
3788.
Personnel and administrative authority.

        

(a)

Officers and employees of certain Federal agencies; employment; compensation.

(b)

Use of available services; reimbursement.

(c)

Other Federal agency performance of functions under this chapter; reimbursement.

(d)

Experts and consultants; compensation.

(e)

Advisory committees; compensation and travel expenses of committee members.

(f)

Payments; installments; advances or reimbursement; transportation and subsistence expenses for attendance at conferences or other assemblages.

(g)

Voluntary services; status as Federal employees; exceptions.

3789.
Title to personal property.
3789a to 3789c.
Repealed.
3789d.
Prohibition of Federal control over State and local criminal justice agencies; prohibition of discrimination.

        

(a)

General rule.

(b)

Racial imbalance requirement restriction.

(c)

Discrimination prohibited; notice of non-compliance; suspension and restoration of payments; hearing; civil action by Attorney General; private action, attorney fees, intervention by Attorney General.

3789e.
Report to President and Congress.
3789f.
Other administrative provisions.

        

(a)

Recordkeeping requirement; scope of disclosure; other sources of funds.

(b)

Access to records for audit and examination.

(c)

Audit and examination period after completion of program or project.

(d)

Recipients of assistance subject to provisions of section.

(e)

Revolving fund for acquisition of stolen goods and property within Bureau of Justice Assistance.

3789g.
Confidentiality of information.

        

(a)

Research or statistical information; immunity from process; prohibition against admission as evidence or use in any proceedings.

(b)

Criminal history information; disposition and arrest data; procedures for collection, storage, dissemination, and current status; security and privacy; availability for law enforcement, criminal justice, and other lawful purposes; automated systems: review, challenge, and correction of information.

(c)

Criminal intelligence systems and information; prohibition against violation of privacy and constitutional rights of individuals.

(d)

Violations; fine as additional penalty.

3789h.
Repealed.
3789i.
Administration of juvenile delinquency programs.
3789j.
Prohibition on land acquisition.
3789k.
Prohibition on use of Central Intelligence Agency services.
3789l.
Indian liability waiver.
3789m.
District of Columbia matching fund source.
3789n.
Limitation on civil justice matters.
3789o.
Repealed.

        

SUBCHAPTER IX-DEFINITIONS

3791.
General provisions.

        

(a)

Definitions.

(b)

Data basis for definitions; reflection of technical changes or modifications.

(c)

Designation of public agencies for undertaking a program or project.

SUBCHAPTER X-FUNDING

3793.
Authorization of appropriations.
3793a, 3793b.
Repealed.

        

SUBCHAPTER XI-CRIMINAL PENALTIES

3795.
Misuse of Federal assistance.
3795a.
Falsification or concealment of facts.
3795b.
Conspiracy to commit offense against United States.

        

SUBCHAPTER XII-PUBLIC SAFETY OFFICERS' DEATH BENEFITS

Part A-Death Benefits

3796.
Payment of death benefits.

        

(a)

Amount; recipients.

(b)

Benefits for permanent and total disability.

(c)

Interim benefit payment.

(d)

Deduction of interim payment.

(e)

Repayment of interim payment; waiver.

(f)

Reductions from final benefit payment.

(g)

Execution or attachment prohibited.

(h)

Consumer Price Index adjustment.

(i)

Amount payable determined as of date of death.

(j)

Limitations on benefits.

3796a.
Limitations on benefits.
3796a–1.
National programs for families of public safety officers who have died in line of duty.
3796b.
Definitions.
3796c.
Administrative provisions.

        

(a)

Rules, regulations, and procedures.

(b)

Use of State and local administrative and investigative assistance.

(c)

Use of appropriated funds to conduct appeals.

Part B-Educational Assistance to Dependents of Civilian Federal Law Enforcement Officers Killed or Disabled in Line of Duty

3796d.
Purposes.
3796d–1.
Basic eligibility.

        

(a)

Benefits.

(b)

Duration of benefits.

(c)

Age limitation for dependent children.

3796d–2.
Applications; approval.

        

(a)

Application.

(b)

Approval.

(c)

Notification.

3796d–3.
Regulations.

        

(a)

In general.

(b)

Sliding scale.

3796d–4.
Discontinuation for unsatisfactory conduct or progress.
3796d–5.
Special rule.

        

(a)

Retroactive eligibility.

(b)

Retroactive assistance.

(c)

Prospective assistance.

3796d–6.
Definitions.
3796d–7.
Authorization of appropriations.

        

SUBCHAPTER XII–A-REGIONAL INFORMATION SHARING SYSTEMS

3796h.
Regional information sharing systems grants.

        

(a)

Authority of Director.

(b)

Purposes.

(c)

Rules and regulations.

SUBCHAPTER XII–B-GRANTS FOR CLOSED-CIRCUIT TELEVISING OF TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE

3796aa.
Function of Director.
3796aa–1.
Description of grant program.
3796aa–2.
Applications to receive grants.
3796aa–3.
Review of applications.

        

(a)

Eligibility for grants.

(b)

Applications deemed approved.

(c)

Reconsideration of applications.

3796aa–4.
Repealed.
3796aa–5.
Reports.
3796aa–6.
Expenditure of grants; records.

        

(a)

Identified uses.

(b)

Administration.

(c)

Records.

(d)

Utilization of private sector.

3796aa–7.
Repealed.
3796aa–8.
Definitions.

        

SUBCHAPTER XII–C-RURAL DRUG ENFORCEMENT

3796bb.
Rural drug enforcement assistance.
3796bb–1.
Other requirements.

        

SUBCHAPTER XII–D-CRIMINAL CHILD SUPPORT ENFORCEMENT

3796cc.
Grant authorization.

        

(a)

In general.

(b)

Uses of funds.

3796cc–1.
State applications.

        

(a)

In general.

(b)

State office.

3796cc–2.
Review of State applications.

        

(a)

In general.

(b)

Approval.

(c)

Disapproval notice and reconsideration.

3796cc–3.
Local applications.

        

(a)

In general.

(b)

Distribution to local entities.

3796cc–4.
Distribution of funds.
3796cc–5.
Evaluation.

        

(a)

In general.

(b)

Distribution.

(c)

Administrative costs.

3796cc–6.
"Local entity" defined.

        

SUBCHAPTER XII–E-PUBLIC SAFETY AND COMMUNITY POLICING; "COPS ON THE BEAT"

3796dd.
Authority to make public safety and community policing grants.

        

(a)

Grant authorization.

(b)

Rehiring, hiring, and initial redeployment grant projects.

(c)

Troops-to-cops programs.

(d)

Additional grant projects.

(e)

Preferential consideration of applications for certain grants.

(f)

Technical assistance.

(g)

Utilization of components.

(h)

Minimum amount.

(i)

Matching funds.

(j)

Allocation of funds.

(k)

Termination of grants for hiring officers.

3796dd–1.
Applications.

        

(a)

In general.

(b)

Application.

(c)

Contents.

(d)

Special provisions.

3796dd–2.
Renewal of grants.

        

(a)

In general.

(b)

Grants for hiring.

(c)

Multiyear grants.

3796dd–3.
Limitation on use of funds.

        

(a)

Nonsupplanting requirement.

(b)

Non-Federal costs.

(c)

Hiring costs.

3796dd–4.
Performance evaluation.

        

(a)

Monitoring components.

(b)

Evaluation components.

(c)

Periodic review and reports.

3796dd–5.
Revocation or suspension of funding.
3796dd–6.
Access to documents.

        

(a)

By Attorney General.

(b)

By Comptroller General.

3796dd–7.
General regulatory authority.
3796dd–8.
Definitions.

        

SUBCHAPTER XII–F-CERTAIN PUNISHMENT FOR YOUNG OFFENDERS

3796ee.
Grant authorization.

        

(a)

In general.

(b)

Alternative methods.

3796ee–1.
State applications.

        

(a)

In general.

(b)

State office.

3796ee–2.
Review of State applications.

        

(a)

In general.

(b)

Approval.

(c)

Restriction.

(d)

Disapproval notice and reconsideration.

3796ee–3.
Local applications.

        

(a)

In general.

(b)

Distribution to units of local government.

3796ee–4.
Allocation and distribution of funds.

        

(a)

State distribution.

(b)

Local distribution.

(c)

General requirement.

(d)

Federal share.

(e)

Consideration.

(f)

"Juvenile" defined.

3796ee–5.
Evaluation.

        

(a)

In general.

(b)

Distribution.

(c)

Administrative costs.

SUBCHAPTER XII–G-RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS

3796ff.
Grant authorization.

        

(a)

In general.

(b)

Consultation.

3796ff–1.
State applications.

        

(a)

In general.

(b)

Substance abuse testing requirement.

(c)

Eligibility for preference with aftercare component.

(d)

Coordination of Federal assistance.

(e)

State office.

3796ff–2.
Review of State applications.

        

(a)

In general.

(b)

Approval.

(c)

Restriction.

(d)

Disapproval notice and reconsideration.

3796ff–3.
Allocation and distribution of funds.

        

(a)

Allocation.

(b)

Federal share.

3796ff–4.
Evaluation.

        

SUBCHAPTER XII–H-GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

3796gg.
Purpose of program and grants.

        

(a)

General program purpose.

(b)

Purposes for which grants may be used.

3796gg–1.
State grants.

        

(a)

General grants.

(b)

Amounts.

(c)

Qualification.

(d)

Application requirements.

(e)

Disbursement.

(f)

Federal share.

(g)

Indian tribes.

(h)

Grantee reporting.

3796gg–2.
Definitions.
3796gg–3.
General terms and conditions.

        

(a)

Nonmonetary assistance.

(b)

Reporting.

(c)

Regulations or guidelines.

3796gg–4.
Rape exam payments.

        

(a)

Restriction of funds.

(b)

Medical costs.

3796gg–5.
Filing costs for criminal charges.

        

(a)

In general.

(b)

Redistribution.

SUBCHAPTER XII–I-GRANTS TO ENCOURAGE ARREST POLICIES

3796hh.
Grants.

        

(a)

Purpose.

(b)

Grant authority.

(c)

Eligibility.

3796hh–1.
Applications.

        

(a)

Application.

(b)

Priority.

3796hh–2.
Reports.
3796hh–3.
Regulations or guidelines.
3796hh–4.
Definitions.

        

SUBCHAPTER XII–J-DRUG COURTS

3796ii to 3796ii–8. Repealed.

        

SUBCHAPTER XII–K-FAMILY SUPPORT

3796jj.
Duties.
3796jj–1.
General authorization.
3796jj–2.
Uses of funds.

        

(a)

In general.

(b)

Required activities.

(c)

Optional activities.

3796jj–3.
Applications.
3796jj–4.
Award of grants; limitation.

        

(a)

Grant distribution.

(b)

Duration.

(c)

Limitation.

3796jj–5.
Discretionary research grants.
3796jj–6.
Reports.
3796jj–7.
Definitions.

        

SUBCHAPTER XII–L-DNA IDENTIFICATION GRANTS

3796kk.
Grant authorization.
3796kk–1.
Applications.
3796kk–2.
Application requirements.
3796kk–3.
Administrative provisions.

        

(a)

Regulation authority.

(b)

Award authority.

(c)

Technical assistance.

3796kk–4.
Restrictions on use of funds.

        

(a)

Federal share.

(b)

Administrative costs.

3796kk–5.
Reports.

        

(a)

Reports to Attorney General.

(b)

Reports to Congress.

3796kk–6.
Expenditure records.

        

(a)

Records.

(b)

Access.

SUBCHAPTER XII–M-MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS

3796ll.
Program authorized.

        

(a)

In general.

(b)

Uses of funds.

(c)

Preferential consideration.

(d)

Minimum amount.

(e)

Maximum amount.

(f)

Matching funds.

(g)

Allocation of funds.

3796ll–1.
Applications.

        

(a)

In general.

(b)

Regulations.

(c)

Eligibility.

3796ll–2.
Definitions.

        

SUBCHAPTER XIII-TRANSITION; EFFECTIVE DATE; REPEALER

3797.
Continuation of rules, authorities, and proceedings.

        

(a)

Continuing status until otherwise affected.

(b)

Obligation by Director of National Institute of Justice of previously appropriated unused or reversionary funds for continuation of research and development projects or purposes of this chapter.

(c)

Obligation by Director of Bureau of Justice Statistics of pre-fiscal year 1980 appropriated funds for statistical projects or purposes of this chapter.

(d)

Obligation by Administrator of Law Enforcement Assistance Administration of previously appropriated unused or reversionary funds or presently appropriated funds for continuation of projects or purposes of this chapter.

(e)

Pending suits, actions, or other proceedings unaffected.

(f)

Appropriated funds available for audit matters and continuing programs and projects.

(g)

Transfer of personnel pursuant to performance-of-functions standard; determination of interim positions for Administrator and Deputy Administrators by Attorney General.

(h)

Unobligated funds of a State or unit of local government available for cost of any program or project.

(i)

State criminal justice council as the State planning agency for carrying out predecessor provisions.

(j)

Construction project funding for additional two years.

Codification

Title I of the Omnibus Crime Control and Safe Streets Act of 1968, comprising this chapter, was originally enacted by Pub. L. 90–351, June 19, 1968, 82 Stat. 197 , and amended by Pub. L. 91–644, Jan. 2, 1971, 84 Stat. 1880 ; Pub. L. 93–83, Aug. 6, 1973, 87 Stat. 197 ; Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1109 ; Pub. L. 94–237, Mar. 19, 1976, 90 Stat. 241 ; Pub. L. 94–273, Apr. 21, 1976, 90 Stat. 375 ; Pub. L. 94–430, Sept. 29, 1976, 90 Stat. 1346 ; Pub. L. 94–503, Oct. 15, 1976, 90 Stat. 2407 ; Pub. L. 95–115, Oct. 3, 1977, 91 Stat. 1048 . Such title is shown herein, however, as having been added by Pub. L. 96–157, Dec. 27, 1979, 93 Stat. 1167 , without reference to such intervening amendments because of the extensive revision of the title's provisions by Pub. L. 96–157.

Chapter Referred to in Other Sections

This chapter is referred to in sections 5119b, 10501 of this title.