CHAPTER 46 —JUSTICE SYSTEM IMPROVEMENT
SUBCHAPTER I—OFFICE OF JUSTICE PROGRAMS
(a)
Specific, general and delegated powers.
(b)
Annual report to President and Congress.
SUBCHAPTER II—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.
SUBCHAPTER III—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.
SUBCHAPTER IV—ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE
SUBCHAPTER V—BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS
(a)
Purpose.
(b)
Grants.
(a)
Submission.
(b)
Content.
(a)
In general.
(b)
Grant amounts.
(c)
Multiple committees.
(d)
Renewal of grants.
Part A—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.
(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.
(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.
(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.
(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
(a)
In general.
(b)
Grants and contracts.
(c)
Firearm safety education grants.
subpart 2—grants to public agencies
(a)
Authority to make grants.
(b)
Selection of grantees.
(c)
Consultations.
(a)
Allocation of funds.
(b)
Limit on grant share of cost.
(c)
Rules; report; request for applications.
subpart 3—general requirements
Part C—Administrative Provisions
(a)
Guidelines and comprehensive evaluations.
(b)
Criteria for selecting programs for review.
(c)
Annual report.
SUBCHAPTER VI—CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT PROGRAM
(a)
Conditions.
(b)
Development of plan; limitation of assistance.
(a)
Terms and conditions of application.
(b)
Approval of application; criteria.
(c)
Amount of payment; limitation.
(d)
Amendment of application; approval.
(a)
Functions; information.
(b)
Authority of Director.
SUBCHAPTER VII—FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE PERSONNEL
(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
(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.
(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.
(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.
(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.
(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.
(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.
(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.
SUBCHAPTER IX—DEFINITIONS
(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
SUBCHAPTER XI—CRIMINAL PENALTIES
SUBCHAPTER XII—PUBLIC SAFETY OFFICERS' DEATH BENEFITS
Part A—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.
(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
(a)
Benefits.
(b)
Duration of benefits.
(c)
Age limitation for dependent children.
(a)
Application.
(b)
Approval.
(c)
Notification.
(a)
In general.
(b)
Sliding scale.
(a)
Retroactive eligibility.
(b)
Retroactive assistance.
(c)
Prospective assistance.
SUBCHAPTER XII–A—REGIONAL INFORMATION SHARING SYSTEMS
(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
(a)
Eligibility for grants.
(b)
Applications deemed approved.
(c)
Reconsideration of applications.
(a)
Identified uses.
(b)
Administration.
(c)
Records.
(d)
Utilization of private sector.
SUBCHAPTER XII–C—RURAL DRUG ENFORCEMENT
SUBCHAPTER XII–D—CRIMINAL CHILD SUPPORT ENFORCEMENT
(a)
In general.
(b)
Uses of funds.
(a)
In general.
(b)
State office.
(a)
In general.
(b)
Approval.
(c)
Disapproval notice and reconsideration.
(a)
In general.
(b)
Distribution to local entities.
(a)
In general.
(b)
Distribution.
(c)
Administrative costs.
SUBCHAPTER XII–E—PUBLIC SAFETY AND COMMUNITY POLICING; "COPS ON THE BEAT"
(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.
(a)
In general.
(b)
Application.
(c)
Contents.
(d)
Special provisions.
(a)
In general.
(b)
Grants for hiring.
(c)
Multiyear grants.
(a)
Nonsupplanting requirement.
(b)
Non-Federal costs.
(c)
Hiring costs.
(a)
Monitoring components.
(b)
Evaluation components.
(c)
Periodic review and reports.
(a)
By Attorney General.
(b)
By Comptroller General.
SUBCHAPTER XII–F—CERTAIN PUNISHMENT FOR YOUNG OFFENDERS
(a)
In general.
(b)
Alternative methods.
(a)
In general.
(b)
State office.
(a)
In general.
(b)
Approval.
(c)
Restriction.
(d)
Disapproval notice and reconsideration.
(a)
In general.
(b)
Distribution to units of local government.
(a)
State distribution.
(b)
Local distribution.
(c)
General requirement.
(d)
Federal share.
(e)
Consideration.
(f)
"Juvenile" defined.
(a)
In general.
(b)
Distribution.
(c)
Administrative costs.
SUBCHAPTER XII–G—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS
(a)
In general.
(b)
Consultation.
(a)
In general.
(b)
Substance abuse testing requirement.
(c)
Eligibility for preference with aftercare component.
(d)
Coordination of Federal assistance.
(e)
State office.
(a)
In general.
(b)
Approval.
(c)
Restriction.
(d)
Disapproval notice and reconsideration.
(a)
Allocation.
(b)
Federal share.
SUBCHAPTER XII–H—GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN
(a)
General program purpose.
(b)
Purposes for which grants may be used.
(a)
General grants.
(b)
Amounts.
(c)
Qualification.
(d)
Application requirements.
(e)
Disbursement.
(f)
Federal share.
(g)
Indian tribes.
(h)
Grantee reporting.
(a)
Nonmonetary assistance.
(b)
Reporting.
(c)
Regulations or guidelines.
(a)
Restriction of funds.
(b)
Medical costs.
(a)
In general.
(b)
Redistribution.
SUBCHAPTER XII–I—GRANTS TO ENCOURAGE ARREST POLICIES
(a)
Purpose.
(b)
Grant authority.
(c)
Eligibility.
(a)
Application.
(b)
Priority.
SUBCHAPTER XII–J—DRUG COURTS
SUBCHAPTER XII–K—FAMILY SUPPORT
(a)
In general.
(b)
Required activities.
(c)
Optional activities.
(a)
Grant distribution.
(b)
Duration.
(c)
Limitation.
SUBCHAPTER XII–L—DNA IDENTIFICATION GRANTS
(a)
Regulation authority.
(b)
Award authority.
(c)
Technical assistance.
(a)
Federal share.
(b)
Administrative costs.
(a)
Reports to Attorney General.
(b)
Reports to Congress.
(a)
Records.
(b)
Access.
SUBCHAPTER XII–M—MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS
(a)
In general.
(b)
Uses of funds.
(c)
Preferential consideration.
(d)
Minimum amount.
(e)
Maximum amount.
(f)
Matching funds.
(g)
Allocation of funds.
(a)
In general.
(b)
Regulations.
(c)
Eligibility.
SUBCHAPTER XIII—TRANSITION; EFFECTIVE DATE; REPEALER
(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
Chapter Referred to in Other Sections
This chapter is referred to in
§3701. Repealed. Pub. L. 98–473, title II, §602, Oct. 12, 1984, 98 Stat. 2077
Section,
A prior section 3701,
Effective Date of Repeal
Repeal effective Oct. 12, 1984, see section 609AA(a) of
SUBCHAPTER I—OFFICE OF JUSTICE PROGRAMS
§3711. Establishment of Office of Justice Programs
There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this chapter as the "Office") shall be headed by an Assistant Attorney General (hereinafter in this chapter referred to as the "Assistant Attorney General") appointed by the President, by and with the advice and consent of the Senate.
(
References in Text
This chapter, referred to in text, was in the original "this title", meaning title I of
Prior Provisions
A prior section 3711,
Another prior section 3711,
Effective Date
Section 609AA of
"(a) Except as provided in subsection (b), this division and the amendments made by this title [probably means division, see Short Title of 1984 Amendment note below] shall take effect on the date of the enactment of this joint resolution [Oct. 12, 1984] or October 1, 1984, whichever is later.
"(b)(1) The amendment made by section 609F [amending
"(2) Section 609Z [repealing section 204 of
Short Title of 1998 Amendments
Short Title of 1996 Amendment
Short Title of 1994 Amendment
Short Title of 1986 Amendment
Short Title of 1984 Amendment
Section 601 of
Short Title of 1979 Amendment
Section 1 of
Short Title of 1976 Amendments
Short Title of 1973 Amendment
Short Title of 1970 Amendment
Short Title
Section 1 of
Separability
Section 1601 of
References in Other Laws
Section 609I of
"(a) Any reference to the Law Enforcement Assistance Administration, or to the Administrator of the Law Enforcement Assistance Administration, in any law other than this Act [see Short Title of 1984 Amendment note set out above] and the Omnibus Crime Control and Safe Streets Act of 1968 [see Short Title note set out above], applicable to activities, functions, powers, and duties that after the date of the enactment of this Act [Oct. 12, 1984] are carried out by the Bureau of Justice Assistance shall be deemed to be a reference to the Bureau of Justice Assistance, or to the Director of the Bureau of Justice Assistance, as the case may be.
"(b) Any reference to the Office of Justice Assistance, Research, and Statistics, or to the Director of the Office of Justice Assistance, Research, and Statistics, in any law other than this Act and the Omnibus Crime Control and Safe Streets Act of 1968, applicable to activities, functions, powers, and duties that after the date of the enactment of this Act are carried out by the Office of Justice Programs, the Bureau of Justice Assistance, the Bureau of Justice Statistics, the National Institute of Justice, or the Office of Juvenile Justice Delinquency Prevention shall be deemed to be a reference to the Office of Justice Programs, the Bureau of Justice Assistance, the Bureau of Justice Statistics, National Institute of Justice, or Office of Juvenile Justice Delinquency Prevention, or to the Director of the Office of Justice Programs, the Director of the Bureau of Justice Assistance, the Director of the Bureau of Justice Statistics, the Director of the National Institute of Justice, or the Administrator of the Office of Juvenile Justice and Delinquency Prevention, as the case may be."
Section Referred to in Other Sections
This section is referred to in
§3712. Duties and functions of Assistant Attorney General
(a) Specific, general and delegated powers
The Assistant Attorney General shall—
(1) publish and disseminate information on the conditions and progress of the criminal justice systems;
(2) maintain liaison with the executive and judicial branches of the Federal and State governments in matters relating to criminal justice;
(3) provide information to the President, the Congress, the judiciary, State and local governments, and the general public relating to criminal justice;
(4) maintain liaison with public and private educational and research institutions, State and local governments, and governments of other nations relating to criminal justice;
(5) provide staff support to coordinate the activities of the Office and the Bureau of Justice Assistance, the National Institute of Justice, the Bureau of Justice Statistics, and the Office of Juvenile Justice and Delinquency Prevention; and
(6) exercise such other powers and functions as may be vested in the Assistant Attorney General pursuant to this chapter or by delegation of the Attorney General.
(b) Annual report to President and Congress
The Assistant Attorney General shall submit an annual report to the President and to the Congress not later than March 31 of each year.
(
Prior Provisions
A prior section 3712,
A prior section 3713,
Effective Date
Section effective Oct. 12, 1984, see section 609AA(a) of
SUBCHAPTER II—NATIONAL INSTITUTE OF JUSTICE
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3721. Statement of purpose
It is the purpose of this subchapter to establish a National Institute of Justice, which shall provide for and encourage research and demonstration efforts for the purpose of—
(1) improving Federal, State, and local criminal justice systems and related aspects of the civil justice system;
(2) preventing and reducing crimes;
(3) insuring citizen access to appropriate dispute-resolution forums; and
(4) identifying programs of proven effectiveness, programs having a record of proven success, or programs which offer a high probability of improving the functioning of the criminal justice system.
The Institute shall have authority to engage in and encourage research and development to improve and strengthen the criminal justice system and related aspects of the civil justice system and to disseminate the results of such efforts to Federal, State, and local governments, to evaluate the effectiveness of programs funded under this chapter, to develop and demonstrate new or improved approaches and techniques, to improve and strengthen the administration of justice, and to identify programs or projects carried out under this chapter which have demonstrated success in improving the quality of justice systems and which offer the likelihood of success if continued or repeated. In carrying out the provisions of this subchapter, the Institute shall give primary emphasis to the problems of State and local justice systems and shall insure that there is a balance between basic and applied research.
(
Prior Provisions
A prior section 3721,
Amendments
1984—
Effective Date of 1984 Amendment
Amendment by
Assessing and Reducing Threat to Law Enforcement Officers From Criminal Use of Firearms and Ammunition
"(a) The Secretary of the Treasury, in conjunction with the Attorney General, shall conduct a study and make recommendations concerning—
"(1) the extent and nature of the deaths and serious injuries, in the line of duty during the last decade, for law enforcement officers, including—
"(A) those officers who were feloniously killed or seriously injured and those that died or were seriously injured as a result of accidents or other non-felonious causes;
"(B) those officers feloniously killed or seriously injured with firearms, those killed or seriously injured with, separately, handguns firing handgun caliber ammunition, handguns firing rifle caliber ammunition, rifles firing rifle caliber ammunition, rifles firing handgun caliber ammunition and shotguns;
"(C) those officers feloniously killed or seriously injured with firearms, and killings or serious injuries committed with firearms taken by officers' assailants from officers, and those committed with other officers' firearms; and
"(D) those killed or seriously injured because shots attributable to projectiles defined as 'armor piercing ammunition' under section 921(a)(17)(B)(i) and (ii) of
"(2) whether current passive defensive strategies, such as body armor, are adequate to counter the criminal use of firearms against law officers; and
"(3) the calibers of ammunition that are—
"(A) sold in the greatest quantities;
"(B) their common uses, according to consultations with industry, sporting organizations and law enforcement;
"(C) the calibers commonly used for civilian defensive or sporting uses that would be affected by any prohibition on non-law enforcement sales of such ammunition, if such ammunition is capable of penetrating minimum level bullet resistant vests; and
"(D) recommendations for increase in body armor capabilities to further protect law enforcement from threat.
"(b) In conducting the study, the Secretary shall consult with other Federal, State and local officials, non-governmental organizations, including all national police organizations, national sporting organizations and national industry associations with expertise in this area and such other individuals as shall be deemed necessary. Such study shall be presented to Congress twelve months after the enactment of this Act [Apr. 24, 1996] and made available to the public, including any data tapes or data used to form such recommendations.
"(c) There are authorized to be appropriated for the study and recommendations such sums as may be necessary."
National Commission to Support Law Enforcement
"SEC. 3401. CONGRESSIONAL FINDINGS.
"The Congress finds that—
"(1) law enforcement officers risk their lives daily to protect citizens, for modest rewards and too little recognition;
"(2) a significant shift has occurred in the problems that law enforcement officers face without a corresponding change in the support from the Federal Government;
"(3) law enforcement officers are on the front line in the war against drugs and crime;
"(4) the rate of violent crime continues to increase along with the increase in drug use;
"(5) a large percentage of individuals arrested test positive for drug usage;
"(6) the Presidential Commission on Law Enforcement and the Administration of Justice of 1965 focused attention on many issues affecting law enforcement, and a review 25 years later would help to evaluate current problems, including drug-related crime, violence, racial conflict, and decreased funding; and
"(7) a comprehensive study of law enforcement issues, including the role of the Federal Government in supporting law enforcement officers, working conditions, and responsibility for crime control would assist in redefining the relationships between the Federal Government, the public, and law enforcement officials.
"SEC. 3402. ESTABLISHMENT.
"There is hereby established the National Commission to Support Law Enforcement (hereafter in this title referred to as the 'Commission').
"SEC. 3403. DUTIES.
"(a)
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(8)
"(b)
"SEC. 3404. MEMBERSHIP.
"(a) [Repealed.
"(b)
"(1)
"(2)
"SEC. 3405. EXPERTS AND CONSULTANTS.
"(a)
"(b)
"(c)
"SEC. 3406. POWERS OF COMMISSION.
"(a)
"(b)
"(c)
"(d)
"(e)
"SEC. 3407. REPORT.
"Not later than the expiration of the 18-month period beginning on the date of the enactment of this title [Nov. 29, 1990], the Commission shall submit to the Congress a report containing the findings of the Commission and specific proposals for legislation and administrative actions that the Commission has determined to be appropriate.
"SEC. 3408. TERMINATION.
"The Commission shall cease to exist upon the expiration of the 60-day period beginning on the date on which the Commission submits its report under section 3407."
"(B)(a) This subsection may be cited as the 'National Commission to Support Law Enforcement Act'.
"(b) The Congress finds that—
"(1) law enforcement officers risk their lives daily to protect citizens, for modest rewards and too little recognition;
"(2) a significant shift has occurred in the problems that law enforcement officers face without a corresponding change in the support from the Federal Government;
"(3) law enforcement officers are on the front line in the war against drugs and crime;
"(4) the rate of violent crime continues to increase along with the increase in drug use;
"(5) a large percentage of individuals arrested test positive for drug usage;
"(6) the Presidential Commission on Law Enforcement and the Administration of Justice of 1965 focused attention on many issues affecting law enforcement, and a review twenty-five years later would help to evaluate current problems, including drug-related crime, violence, racial conflict, and decrease[d] funding; and
"(7) a comprehensive study of law enforcement issues, including the role of the Federal Government in supporting law enforcement officers, working conditions, and responsibility for crime control would assist in redefining the relationships between the Federal Government, the public, and law enforcement officials.
"(c) There is established a national commission to be known as the 'National Commission to Support Law Enforcement' (referred to in this section as the 'Commission').
"(d) The Commission shall study and recommend changes regarding law enforcement agencies and law enforcement issues on the Federal, State, and local levels, including the following:
"(1) The sufficiency of funding, including a review of grant programs at the Federal level.
"(2) The conditions of law enforcement employment.
"(3) The effectiveness of information-sharing systems, intelligence, infrastructure, and procedures among law enforcement agencies of Federal, State, and local governments.
"(4) The status of law enforcement research and education and training.
"(5) The adequacy of equipment, physical resources, and human resources.
"(6) The cooperation among Federal, State, and local law enforcement agencies.
"(7) The responsibility of governments and law enforcement agencies in solving the crime problem.
"(8) The impact of the criminal justice system, including court schedules and prison overcrowding, on law enforcement.
"(e) The Commission shall conduct surveys and consult with focus groups of law enforcement officers, local officials, and community leaders across the Nation to obtain information and seek advice on important law enforcement issues.
"(f)
"(1)
"(A) Nine individuals appointed from national law enforcement organizations representing law enforcement officers, of whom—
"(i) two shall be appointed by the Speaker of the House of Representatives;
"(ii) two shall be appointed by the majority leader of the Senate;
"(iii) two shall be appointed by the minority leader of the House of Representatives;
"(iv) two shall be appointed by the minority leader of the Senate; and
"(v) one shall be appointed by the President.
"(B) Nine individuals appointed from national law enforcement organizations representing law enforcement management, of whom—
"(i) two shall be appointed by the Speaker of the House of Representatives;
"(ii) two shall be appointed by the majority leader of the Senate;
"(iii) two shall be appointed by the minority leader of the House of Representatives;
"(iv) two shall be appointed by the minority leader of the Senate; and
"(v) one shall be appointed by the President.
"(C) Two individuals appointed with academic expertise regarding law enforcement issues, of whom—
"(i) one shall be appointed by the Speaker of the House of Representatives and the majority leader of the Senate; and
"(ii) one shall be appointed by the minority leader of the Senate and the minority leader of the House of Representatives.
"(D) Two Members of the House of Representatives, appointed by the Speaker and the minority leader of the House of Representatives.
"(E) Two Members of the Senate, appointed by the majority leader and the minority leader of the Senate.
"(F) One individual from the Department of Justice, appointed by the President.
"(G) Two individuals representing a State or local governmental entity, such as a Governor, mayor, or State attorney general, to be appointed jointly by the majority leader and the minority leader of the Senate.
"(H) Two individuals representing a State or local governmental entity, such as a Governor, mayor, or State attorney general, to be appointed jointly by the Speaker and the minority leader of the House of Representatives.
"(2)
"(3)
"(4)
"(g)(1) Members of the Commission shall receive no additional pay, allowance, or benefit by reason of service on the Commission.
"(2) Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with
"(h) The Commission may procure temporary and intermittent services under
"(i) Upon request of the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of that agency to the Commission to assist the Commission in carrying out its duties under this section.
"(j) The Administrator of General Services shall provide to the Commission, on a reimbursable basis, administrative support services as the Commission may request.
"(k) The Commission may, for purposes of this section, hold hearings, sit and act at the times and places, take testimony, and receive evidence, as the Commission considers appropriate.
"(l) Any member or agent of the Commission may, if authorized by the Commission, take any action the Commission is authorized to take by this section.
"(m) The Commission may secure directly from any Federal agency information necessary to enable it to carry out this section. Upon request of the chairperson of the Commission, the head of an agency shall furnish the information to the Commission to the extent permitted by law.
"(n) The Commission may accept, use, and dispose of gifts or donations of services or property.
"(o) The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies.
"(p) Not later than March 31, 1996, the Commission shall submit to the Congress a report containing the findings of the Commission and specific proposals for legislation and administrative actions that the Commission has determined to be appropriate.
"(q) The Commission shall cease to exist upon the expiration of the sixty-day period beginning on the date on which the Commission submits its report under subsection (p)."
§3722. National Institute of Justice
(a) Establishment; general authority of Attorney General over Institute
There is established within the Department of Justice, under the general authority of the Attorney General, a National Institute of Justice (hereinafter referred to in this subchapter as the "Institute").
(b) Director of Institute; appointment by President; authority; restrictions
The Institute shall be headed by a Director appointed by the President, by and with the advice and consent of the Senate. The Director shall have had experience in justice research. The Director shall report to the Attorney General through the Assistant Attorney General. The Director shall have final authority over all grants, cooperative agreements, and contracts awarded by the Institute. The Director shall not engage in any other employment than that of serving as Director; nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Institute makes any contract or other arrangement under this chapter.
(c) Duties and functions
The Institute is authorized to—
(1) make grants to, or enter into cooperative agreements or contracts with, public agencies, institutions of higher education, private organizations, or individuals to conduct research, demonstrations, or special projects pertaining to the purposes described in this subchapter, and provide technical assistance and training in support of tests, demonstrations, and special projects;
(2) conduct or authorize multiyear and short-term research and development concerning the criminal and civil justice systems in an effort—
(A) to identify alternative programs for achieving system goals;
(B) to provide more accurate information on the causes and correlates of crime;
(C) to analyze the correlates of crime and juvenile delinquency and provide more accurate information on the causes and correlates of crime and juvenile delinquency;
(D) to improve the functioning of the criminal justice system;
(E) to develop new methods for the prevention and reduction of crime, including the development of programs to facilitate cooperation among the States and units of local government, the detection and apprehension of criminals, the expeditious, efficient, and fair disposition of criminal and juvenile delinquency cases, the improvement of police and minority relations, the conduct of research into the problems of victims and witnesses of crime, the feasibility and consequences of allowing victims to participate in criminal justice decisionmaking, the feasibility and desirability of adopting procedures and programs which increase the victim's participation in the criminal justice process, the reduction in the need to seek court resolution of civil disputes, and the development of adequate corrections facilities and effective programs of correction; and
(F) to develop programs and projects to improve and expand the capacity of States and units of local government and combinations of such units, to detect, investigate, prosecute, and otherwise combat and prevent white-collar crime and public corruption, to improve and expand cooperation among the Federal Government, States, and units of local government in order to enhance the overall criminal justice system response to white-collar crime and public corruption, and to foster the creation and implementation of a comprehensive national strategy to prevent and combat white-collar crime and public corruption.
In carrying out the provisions of this subsection, the Institute may request the assistance of both public and private research agencies;
(3) evaluate the effectiveness of projects or programs carried out under this chapter;
(4) make recommendations for action which can be taken by Federal, State, and local governments and by private persons and organizations to improve and strengthen criminal and civil justice systems;
(5) provide research fellowships and clinical internships and carry out programs of training and special workshops for the presentation and dissemination of information resulting from research, demonstrations, and special projects including those authorized by this subchapter;
(6) collect and disseminate information obtained by the Institute or other Federal agencies, public agencies, institutions of higher education, and private organizations relating to the purposes of this subchapter;
(7) serve as a national and international clearinghouse for the exchange of information with respect to the purposes of this subchapter;
(8) after consultation with appropriate agencies and officials of States and units of local government, make recommendations for the designation of programs or projects which will be effective in improving the functioning of the criminal justice system, for funding as discretionary grants under subchapter V of this chapter; and
(9) encourage, assist, and serve in a consulting capacity to Federal, State, and local justice system agencies in the development, maintenance, and coordination of criminal and civil justice programs and services.
(d) Criminal and civil justice research
To insure that all criminal and civil justice research is carried out in a coordinated manner, the Director is authorized to—
(1) utilize, with their consent, the services, equipment, personnel, information, and facilities of other Federal, State, local, and private agencies and instrumentalities with or without reimbursement therefor;
(2) confer with and avail itself of the cooperation, services, records, and facilities of State or of municipal or other local agencies;
(3) request such information, data, and reports from any Federal agency as may be required to carry out the purposes of this section, and the agencies shall provide such information to the Institute as required to carry out the purposes of this subchapter;
(4) seek the cooperation of the judicial branches of Federal and State Government in coordinating civil and criminal justice research and development; and
(5) exercise the powers and functions set out in subchapter VIII of this chapter.
(
Prior Provisions
A prior section 3722,
Amendments
1994—Subsec. (c)(2)(E).
1984—Subsec. (b).
Subsec. (c)(2)(A).
Subsec. (c)(2)(E).
Subsec. (c)(3).
Subsec. (c)(4) to (7).
Subsec. (c)(8).
Subsec. (c)(9).
Subsec. (c)(10), (11).
Effective Date of 1984 Amendment
Amendment by
Anti-Stalking Legislation Evaluation, Model Development, Dissemination and Report
Section Referred to in Other Sections
This section is referred to in
§3723. Authority for 100 per centum grants
A grant authorized under this subchapter may be up to 100 per centum of the total cost of each project for which such grant is made. The Institute shall require, whenever feasible, as a condition of approval of a grant under this subchapter, that the recipient contribute money, facilities, or services to carry out the purposes for which the grant is sought.
(
Prior Provisions
A prior section 3723,
§3724. Repealed. Pub. L. 98–473, title II, §604(c), Oct. 12, 1984, 98 Stat. 2079
Section,
Prior sections 3724 to 3726 were omitted in the general revision of this chapter by
Section 3724,
Section 3725,
Section 3726,
Effective Date of Repeal
Repeal effective Oct. 12, 1984, see section 609AA(a) of
SUBCHAPTER III—BUREAU OF JUSTICE STATISTICS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3731. Statement of purpose
It is the purpose of this subchapter to provide for and encourage the collection and analysis of statistical information concerning crime, juvenile delinquency, and the operation of the criminal justice system and related aspects of the civil justice system and to support the development of information and statistical systems at the Federal, State, and local levels to improve the efforts of these levels of government to measure and understand the levels of crime, juvenile delinquency, and the operation of the criminal justice system and related aspects of the civil justice system. The Bureau shall utilize to the maximum extent feasible State governmental organizations and facilities responsible for the collection and analysis of criminal justice data and statistics. In carrying out the provisions of this subchapter, the Bureau shall give primary emphasis to the problems of State and local justice systems.
(
Prior Provisions
A prior section 3731,
Amendments
1984—
Effective Date of 1984 Amendment
Amendment by
§3732. Bureau of Justice Statistics
(a) Establishment
There is established within the Department of Justice, under the general authority of the Attorney General, a Bureau of Justice Statistics (hereinafter referred to in this subchapter as "Bureau").
(b) Appointment of Director; experience; authority; restrictions
The Bureau shall be headed by a Director appointed by the President, by and with the advice and consent of the Senate. The Director shall have had experience in statistical programs. The Director shall have final authority for all grants, cooperative agreements, and contracts awarded by the Bureau. The Director shall report to the Attorney General through the Assistant Attorney General. The Director shall not engage in any other employment than that of serving as Director; nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Bureau makes any contract or other arrangement under this Act.
(c) Duties and functions of Bureau
The Bureau is authorized to—
(1) make grants to, or enter into cooperative agreements or contracts with public agencies, institutions of higher education, private organizations, or private individuals for purposes related to this subchapter; grants shall be made subject to continuing compliance with standards for gathering justice statistics set forth in rules and regulations promulgated by the Director;
(2) collect and analyze information concerning criminal victimization, including crimes against the elderly, and civil disputes;
(3) collect and analyze data that will serve as a continuous and comparable national social indication of the prevalence, incidence, rates, extent, distribution, and attributes of crime, juvenile delinquency, civil disputes, and other statistical factors related to crime, civil disputes, and juvenile delinquency, in support of national, State, and local justice policy and decisionmaking;
(4) collect and analyze statistical information, concerning the operations of the criminal justice system at the Federal, State, and local levels;
(5) collect and analyze statistical information concerning the prevalence, incidence, rates, extent, distribution, and attributes of crime, and juvenile delinquency, at the Federal, State, and local levels;
(6) analyze the correlates of crime, civil disputes and juvenile delinquency, by the use of statistical information, about criminal and civil justice systems at the Federal, State, and local levels, and about the extent, distribution and attributes of crime, and juvenile delinquency, in the Nation and at the Federal, State, and local levels;
(7) compile, collate, analyze, publish, and disseminate uniform national statistics concerning all aspects of criminal justice and related aspects of civil justice, crime, including crimes against the elderly, juvenile delinquency, criminal offenders, juvenile delinquents, and civil disputes in the various States;
(8) recommend national standards for justice statistics and for insuring the reliability and validity of justice statistics supplied pursuant to this chapter;
(9) maintain liaison with the judicial branches of the Federal and State Governments in matters relating to justice statistics, and cooperate with the judicial branch in assuring as much uniformity as feasible in statistical systems of the executive and judicial branches;
(10) provide information to the President, the Congress, the judiciary, State and local governments, and the general public on justice statistics;
(11) establish or assist in the establishment of a system to provide State and local governments with access to Federal informational resources useful in the planning, implementation, and evaluation of programs under this Act;
(12) conduct or support research relating to methods of gathering or analyzing justice statistics;
(13) provide for the development of justice information systems programs and assistance to the States and units of local government relating to collection, analysis, or dissemination of justice statistics;
(14) develop and maintain a data processing capability to support the collection, aggregation, analysis and dissemination of information on the incidence of crime and the operation of the criminal justice system;
(15) collect, analyze and disseminate comprehensive Federal justice transaction statistics (including statistics on issues of Federal justice interest such as public fraud and high technology crime) and to provide technical assistance to and work jointly with other Federal agencies to improve the availability and quality of Federal justice data;
(16) provide for the collection, compilation, analysis, publication and dissemination of information and statistics about the prevalence, incidence, rates, extent, distribution and attributes of drug offenses, drug related offenses and drug dependent offenders and further provide for the establishment of a national clearinghouse to maintain and update a comprehensive and timely data base on all criminal justice aspects of the drug crisis and to disseminate such information;
(17) provide for the collection, analysis, dissemination and publication of statistics on the condition and progress of drug control activities at the Federal, State and local levels with particular attention to programs and intervention efforts demonstrated to be of value in the overall national anti-drug strategy and to provide for the establishment of a national clearinghouse for the gathering of data generated by Federal, State, and local criminal justice agencies on their drug enforcement activities;
(18) provide for the development and enhancement of State and local criminal justice information systems, and the standardization of data reporting relating to the collection, analysis or dissemination of data and statistics about drug offenses, drug related offenses, or drug dependent offenders;
(19) provide for research and improvements in the accuracy, completeness, and inclusiveness of criminal history record information, information systems, arrest warrant, and stolen vehicle record information and information systems and support research concerning the accuracy, completeness, and inclusiveness of other criminal justice record information;
(20) maintain liaison with State and local governments and governments of other nations concerning justice statistics;
(21) cooperate in and participate with national and international organizations in the development of uniform justice statistics;
(22) ensure conformance with security and privacy requirement of
(23) exercise the powers and functions set out in subchapter VIII of this chapter.
(d) Justice statistical collection, analysis, and dissemination
To insure that all justice statistical collection, analysis, and dissemination is carried out in a coordinated manner, the Director is authorized to—
(1) utilize, with their consent, the services, equipment, records, personnel, information, and facilities of other Federal, State, local, and private agencies and instrumentalities with or without reimbursement therefor, and to enter into agreements with such agencies and instrumentalities for purposes of data collection and analysis;
(2) confer and cooperate with State, municipal, and other local agencies;
(3) request such information, data, and reports from any Federal agency as may be required to carry out the purposes of this chapter;
(4) seek the cooperation of the judicial branch of the Federal Government in gathering data from criminal justice records; and
(5) encourage replication, coordination and sharing among justice agencies regarding information systems, information policy, and data.
(e) Furnishing of information, data, or reports by Federal agencies
Federal agencies requested to furnish information, data, or reports pursuant to subsection (d)(3) of this section shall provide such information to the Bureau as is required to carry out the purposes of this section.
(f) Consultation with representatives of State and local government and judiciary
In recommending standards for gathering justice statistics under this section, the Director shall consult with representatives of State and local government, including, where appropriate, representatives of the judiciary.
(
References in Text
This Act, referred to in subsecs. (b) and (c)(11), is
Prior Provisions
A prior section 3732,
Amendments
1994—Subsec. (c)(19).
1988—Subsec. (c)(16) to (23).
1984—Subsec. (b).
Subsec. (c)(13).
Subsec. (c)(14), (15).
Subsec. (c)(16).
Subsec. (c)(17).
Subsec. (c)(18).
Subsec. (c)(19).
Subsec. (d)(1).
Subsec. (d)(5).
Effective Date of 1984 Amendment
Amendment by
Crime Victims With Disabilities Awareness
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Crime Victims With Disabilities Awareness Act'.
"SEC. 2. FINDINGS; PURPOSES.
"(a)
"(1) although research conducted abroad demonstrates that individuals with developmental disabilities are at a 4 to 10 times higher risk of becoming crime victims than those without disabilities, there have been no significant studies on this subject conducted in the United States;
"(2) in fact, the National Crime Victim's Survey, conducted annually by the Bureau of Justice Statistics of the Department of Justice, does not specifically collect data relating to crimes against individuals with developmental disabilities;
"(3) studies in Canada, Australia, and Great Britain consistently show that victims with developmental disabilities suffer repeated victimization because so few of the crimes against them are reported, and even when they are, there is sometimes a reluctance by police, prosecutors, and judges to rely on the testimony of a disabled individual, making individuals with developmental disabilities a target for criminal predators;
"(4) research in the United States needs to be done to—
"(A) understand the nature and extent of crimes against individuals with developmental disabilities;
"(B) describe the manner in which the justice system responds to crimes against individuals with developmental disabilities; and
"(C) identify programs, policies, or laws that hold promises for making the justice system more responsive to crimes against individuals with developmental disabilities; and
"(5) the National Academy of Science Committee on Law and Justice of the National Research Council is a premier research institution with unique experience in developing seminal, multidisciplinary studies to establish a strong research base from which to make public policy.
"(b)
"(1) to increase public awareness of the plight of victims of crime who are individuals with developmental disabilities;
"(2) to collect data to measure the extent of the problem of crimes against individuals with developmental disabilities; and
"(3) to develop a basis to find new strategies to address the safety and justice needs of victims of crime who are individuals with developmental disabilities.
"SEC. 3. DEFINITION OF DEVELOPMENTAL DISABILITY.
"In this Act, the term 'developmental disability' has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act (
"SEC. 4. STUDY.
"(a)
"(b)
"(1) the nature and extent of crimes against individuals with developmental disabilities;
"(2) the risk factors associated with victimization of individuals with developmental disabilities;
"(3) the manner in which the justice system responds to crimes against individuals with developmental disabilities; and
"(4) the means by which States may establish and maintain a centralized computer database on the incidence of crimes against individuals with disabilities within a State.
"(c)
"(d)
"SEC. 5. NATIONAL CRIME VICTIM'S SURVEY.
"Not later than 2 years after the date of enactment of this Act, as part of each National Crime Victim's Survey, the Attorney General shall include statistics relating to—
"(1) the nature of crimes against individuals with developmental disabilities; and
"(2) the specific characteristics of the victims of those crimes."
Section Referred to in Other Sections
This section is referred to in
§3733. Authority for 100 per centum grants
A grant authorized under this subchapter may be up to 100 per centum of the total cost of each project for which such grant is made. The Bureau shall require, whenever feasible as a condition of approval of a grant under this subchapter, that the recipient contribute money, facilities, or services to carry out the purposes for which the grant is sought.
(
Prior Provisions
A prior section 3733,
§3734. Repealed. Pub. L. 98–473, title II, §605(c), Oct. 12, 1984, 98 Stat. 2080
Section,
A prior section 3734,
Effective Date of Repeal
Repeal effective Oct. 12, 1984, see section 609AA(a) of
§3735. Use of data
Data collected by the Bureau shall be used only for statistical or research purposes, and shall be gathered in a manner that precludes their use for law enforcement or any purpose relating to a particular individual other than statistical or research purposes.
(
Prior Provisions
A prior section 304 of
Prior sections 3735 to 3739 were omitted in the general amendment of this chapter by
Section 3735,
Section 3736,
Section 3737,
Section 3738,
Section 3739,
SUBCHAPTER IV—ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE
Prior Provisions
A prior subchapter IV, consisting of sections 3741 to 3748, related to block grants by Bureau of Justice Assistance, prior to repeal by
Section 3741,
Section 3742,
Section 3743,
Section 3744,
Section 3745,
Section 3746,
Section 3747,
Section 3748,
Another prior subchapter IV, consisting of sections 3741 to 3745, related to formula grant program, prior to the general amendment of this subchapter by
Section 3741,
Section 3742,
Section 3743,
Section 3744,
Section 3745,
Another prior subchapter IV, consisting of sections 3741 to 3748 and 3750 to 3750d, related to training, education, research, demonstration, and special grants prior to the general amendment of this chapter by
Section 3741,
Section 3742,
Section 3743,
Section 3744,
Section 3745,
Section 3746,
Section 3747,
Another prior section 3747,
Section 3748,
Section 3750,
Section 3750a,
Section 3750b,
Section 3750c,
Section 3750d,
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3741. Establishment of Bureau of Justice Assistance
(a) There is established within the Department of Justice, under the general authority of the Attorney General, a Bureau of Justice Assistance (hereafter in this subchapter referred to as the "Bureau").
(b) The Bureau shall be headed by a Director (hereafter in this subchapter referred to as the "Director") who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall report to the Attorney General through the Assistant Attorney General. The Director shall have final authority for all grants, cooperative agreements, and contracts awarded by the Bureau. 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 Bureau makes any contract or other arrangement under this chapter.
(
Prior Provisions
For prior sections 401 of
Transfer of Functions
§3742. Duties and functions of Director
The Director shall have the following duties:
(1) Providing funds to eligible States, units of local government, and nonprofit organizations pursuant to subchapters V and XII–B of this chapter.
(2) Establishing programs in accordance with part B of subchapter V of this chapter and, following public announcement of such programs, awarding and allocating funds and technical assistance in accordance with the criteria of part B of subchapter V of this chapter, and on terms and conditions determined by the Director to be consistent with part B of subchapter V of this chapter.
(3) Cooperating with and providing technical assistance to States, units of local government, and other public and private organizations or international agencies involved in criminal justice activities.
(4) Providing for the development of technical assistance and training programs for State and local criminal justice agencies and fostering local participation in such activities.
(5) Encouraging the targeting of State and local resources on efforts to reduce the incidence of drug abuse and crime and on programs relating to the apprehension and prosecution of drug offenders.
(6) Establishing and carrying on a specific and continuing program of cooperation with the States and units of local government designed to encourage and promote consultation and coordination concerning decisions made by the Bureau affecting State and local drug control and criminal justice priorities.
(7) Preparing recommendations on the State and local drug enforcement component of the National Drug Control Strategy which shall be submitted to the Associate Director of the Office on National Drug Control Policy. In making such recommendations, the Director shall review the statewide strategies submitted by such States under subchapter V of this chapter, and shall obtain input from State and local drug enforcement officials. The recommendations made under this paragraph shall be provided at such time and in such form as the Director of National Drug Control Policy shall require.
(8) Exercising such other powers and functions as may be vested in the Director pursuant to this chapter or by delegation of the Attorney General or Assistant Attorney General.
(
Prior Provisions
For prior sections 402 of
Amendments
1990—Par. (1).
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in pars. (3) to (6) of this section, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
SUBCHAPTER V—BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS
Prior Provisions
A prior subchapter V, consisting of sections 3761 to 3766, related to discretionary grants, prior to repeal by
Section 3761,
Section 3762,
Section 3763,
Section 3764,
Section 3765,
Section 3766,
Another prior subchapter V, consisting of sections 3751 to 3755, related to national priority grants, prior to repeal by
Section 3751,
Section 3752,
Section 3753,
Section 3754,
Section 3755,
Another prior subchapter V, consisting of sections 3751 to 3774, related to administrative provisions, prior to the general amendment of this chapter by
Section 3751,
Section 3752,
Section 3753,
Section 3754,
A prior section 505 of
Section 3755,
Section 3756,
Section 3757,
Section 3758,
Section 3759,
Section 3760,
Section 3761,
Section 3762,
Section 3763,
Section 3764,
Section 3765,
Section 3766,
Section 3767,
Section 3768,
Section 3769,
Section 3770,
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3750. Name of programs
The grant programs established under this subchapter shall be known as the "Edward Byrne Memorial State and Local Law Enforcement Assistance Programs".
(
Prior Provisions
For prior
§3750a. Grant authorization
(a) Purpose
The purpose of
(b) Grants
The Director of the Bureau of Justice Assistance shall make grants to Anti Car Theft Committees submitting applications in compliance with the requirements of
(
Codification
Section was enacted as part of the Anti Car Theft Act of 1992, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
Transfer of Functions
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
Section Referred to in Other Sections
This section is referred to in
§3750b. Application
(a) Submission
To be eligible to receive a grant under
(b) Content
The application submitted under subsection (a) of this section shall include the following:
(1) A statement that the applicant Anti Car Theft Committee is either a State agency or an agency of a unit of local government.
(2) A statement that the applicant Anti Car Theft Committee is or will be financed in part (A) by a fee on motor vehicles registered by the State or possessed or insured within the State (and that such fee is not less than $1 per vehicle), or (B) in the same manner and to the same extent as is a similar program financed and implemented in a State like Michigan.
(3) An assurance that Federal funds received under a grant under
(4) A statement that the resources of the applicant Anti Car Theft Committee will be devoted entirely to combating motor vehicle theft, including any or all of the following:
(A) Financing law enforcement officers or investigators whose duties are entirely or primarily related to investigating cases of motor vehicle theft or of trafficking in stolen motor vehicles or motor vehicle parts.
(B) Financing prosecutors whose duties are entirely or primarily related to prosecuting cases of motor vehicle theft or of trafficking in stolen motor vehicles or motor vehicle parts.
(C) Motor vehicle theft prevention programs, including vehicle identification number etching programs, programs implemented by law enforcement agencies and designed to enable the electronic tracking of stolen automobiles, and programs designed to prevent the export of stolen vehicles.
(5) A description of the budget for the applicant Anti Car Theft Committee for the fiscal year for which a grant is sought.
(
Codification
Section was enacted as part of the Anti Car Theft Act of 1992, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
Transfer of Functions
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
Section Referred to in Other Sections
This section is referred to in
§3750c. Award of grants
(a) In general
The Director shall allocate to each State a proportion of the total funds available under
(b) Grant amounts
If one Anti Car Theft Committee within a State submits an application in compliance with
(c) Multiple committees
If two or more Anti Car Theft Committees within a State submit applications in compliance with
(d) Renewal of grants
Subject to the availability of funds, a grant under
(
Codification
Section was enacted as part of the Anti Car Theft Act of 1992, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
In subsection (a), "
Transfer of Functions
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
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "within".
§3750d. Authorization of appropriations
There are authorized to be appropriated $10,000,000 to carry out
(
Codification
Section was enacted as part of the Anti Car Theft Act of 1992, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
Section Referred to in Other Sections
This section is referred to in
Part A—Drug Control and System Improvement Grant Program
Part Referred to in Other Sections
This part is referred to in
§3751. Description of drug control and system improvement grant program
(a) Purpose of program
It is the purpose of this part to assist States and units of local government in carrying out specific programs which offer a high probability of improving the functioning of the criminal justice system, with special emphasis on a nationwide and multilevel drug control strategy by developing programs and projects to assist multijurisdictional and multi-State organizations in the drug control problem and to support national drug control priorities.
(b) Grants to States and units of local government; purposes of grants
The Director of the Bureau of Justice Assistance (hereafter in this subchapter referred to as the "Director") is authorized to make grants to States, for the use by States and units of local government in the States, for the purpose of enforcing State and local laws that establish offenses similar to offenses established in the Controlled Substances Act (
(1) demand reduction education programs in which law enforcement officers participate;
(2) multijurisdictional task force programs that integrate Federal, State, and local drug law enforcement agencies and prosecutors for the purpose of enhancing interagency coordination, intelligence, and facilitating multijurisdictional investigations;
(3) programs designed to target the domestic sources of controlled and illegal substances, such as precursor chemicals, diverted pharmaceuticals, clandestine laboratories, and cannabis cultivations;
(4) providing community and neighborhood programs that assist citizens in preventing and controlling crime, including special programs that address the problems of crimes committed against the elderly and special programs for rural jurisdictions;
(5) disrupting illicit commerce in stolen goods and property;
(6) improving the investigation and prosecution of white-collar crime, organized crime, public corruption crimes, and fraud against the government with priority attention to cases involving drug-related official corruption;
(7)(A) improving the operational effectiveness of law enforcement through the use of crime analysis techniques, street sales enforcement, schoolyard violator programs, gang-related and low-income housing drug control programs;
(B) developing and implementing antiterrorism plans for deep draft ports, international airports, and other important facilities;
(8) career criminal prosecution programs including the development of proposed model drug control legislation;
(9) financial investigative programs that target the identification of money laundering operations and assets obtained through illegal drug trafficking, including the development of proposed model legislation, financial investigative training, and financial information sharing systems;
(10) improving the operational effectiveness of the court process, by expanding prosecutorial, defender and judicial resources, and implementing court delay reduction programs;
(11) programs designed to provide additional public correctional resources and improve the corrections system, including treatment in prisons and jails, intensive supervision programs, and long-range corrections and sentencing strategies;
(12) providing prison industry projects designed to place inmates in a realistic working and training environment which will enable them to acquire marketable skills and to make financial payments for restitution to their victims, for support of their own families, and for support of themselves in the institution;
(13) providing programs which identify and meet the treatment needs of adult and juvenile drug-dependent and alcohol-dependent offenders;
(14) developing and implementing programs which provide assistance to jurors and witnesses, and assistance (other than compensation) to victims of crimes;
(15)(A) developing programs to improve drug control technology, such as pretrial drug testing programs, programs which provide for the identification, assessment, referral to treatment, case management and monitoring of drug dependent offenders, enhancement of State and local forensic laboratories, and
(B) criminal and justice information systems to assist law enforcement, prosecution, courts, and corrections organization (including automated fingerprint identification systems);
(16) innovative programs that demonstrate new and different approaches to enforcement, prosecution, and adjudication of drug offenses and other serious crimes;
(17) addressing the problems of drug trafficking and the illegal manufacture of controlled substances in public housing;
(18) improving the criminal and juvenile justice system's response to domestic and family violence, including spouse abuse, child abuse, and abuse of the elderly;
(19) drug control evaluation programs which the State and local units of government may utilize to evaluate programs and projects directed at State drug control activities;
(20) providing alternatives to prevent detention, jail, and prison for persons who pose no danger to the community;
(21) programs of which the primary goal is to strengthen urban enforcement and prosecution efforts targeted at street drug sales;
(22) programs for the prosecution of driving while intoxicated charges and the enforcement of other laws relating to alcohol use and the operation of motor vehicles;
(23) programs that address the need for effective bindover systems for the prosecution of violent 16- and 17-year-old juveniles in courts with jurisdiction over adults for the crimes of—
(A) murder in the first degree;
(B) murder in the second degree;
(C) attempted murder;
(D) armed robbery when armed with a firearm;
(E) aggravated battery or assault when armed with a firearm;
(F) criminal sexual penetration when armed with a firearm; and
(G) drive-by shootings as described in
(24) law enforcement and prevention programs relating to gangs, or to youth who are involved or at risk of involvement in gangs;
(25) developing or improving in a forensic laboratory a capability to analyze deoxyribonucleic acid (hereinafter in this chapter referred to as "DNA") for identification purposes; and
(26) to develop and implement antiterrorism training programs and to procure equipment for use by local law enforcement authorities.
(c) Program evaluation component; waiver
Each program funded under this section shall contain an evaluation component, developed pursuant to guidelines established by the National Institute of Justice, in consultation with the Bureau of Justice Assistance. The Director of the Bureau of Justice Assistance may waive this requirement when in the opinion of the Director—
(1) the program is not of sufficient size to justify a full evaluation report; or
(2) the program is designed primarily to provide material resources and supplies, such as laboratory equipment, that would not justify a full evaluation report.
(
References in Text
The Controlled Substances Act, referred to in subsec. (b), is title II of
Prior Provisions
For prior sections 501 of
Amendments
1996—Subsec. (b)(26).
1994—Subsec. (b)(22).
Subsec. (b)(23).
Subsec. (b)(24).
Subsec. (b)(25).
1990—Subsec. (b)(10).
1988—Subsec. (b)(17) to (21).
Effective Date of 1994 Amendment
Section 210302(c)(4) of
Transfer of Functions
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
Drug-Free Prisons and Jails
"SEC. 111. SHORT TITLE.
"This subtitle may be cited as the 'Drug-Free Prisons and Jails Act of 1998'.
"SEC. 112. PURPOSE.
"The purpose of this subtitle is to provide for the establishment of model programs for comprehensive treatment of substance-involved offenders in the criminal justice system to reduce drug abuse and drug-related crime, and reduce the costs of the criminal justice system, that can be successfully replicated by States and local units of government through a comprehensive evaluation.
"SEC. 113. PROGRAM AUTHORIZATION.
"(a)
"(1) providing financial assistance to grant recipients selected in accordance with section 114(b); and
"(2) evaluating the success of programs conducted pursuant to this subtitle.
"(b)
"(c)
"SEC. 114. GRANT APPLICATION.
"(a)
"(1)
"(2)
"(A) Federal funds made available under this subtitle will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities; and
"(B) the programs developed pursuant to this subtitle meet all requirements of this subtitle.
"(b)
"SEC. 115. USES OF FUNDS.
"A unit of local government or State that receives a grant award under this subtitle shall use such funds to provide comprehensive treatment programs to inmates in prisons or jails, including not less than 3 of the following:
"(1) Tailored treatment programs to meet the special needs of different types of substance-involved offenders.
"(2) Random and frequent drug testing, including a system of sanctions.
"(3) Training and assistance for corrections officers and personnel to assist substance-involved offenders in correctional facilities.
"(4) Clinical assessment of incoming substance-involved offenders.
"(5) Availability of religious and spiritual activity and counseling to provide an environment that encourages recovery from substance involvement in correctional facilities.
"(6) Education and vocational training.
"(7) A substance-free correctional facility policy.
"SEC. 116. EVALUATION AND RECOMMENDATION REPORT TO CONGRESS.
"(a)
"(1)
"(2)
"(A) reducing substance abuse among participants;
"(B) reducing recidivism among participants;
"(C) cost effectiveness of providing services to participants; and
"(D) a data collection system that will produce data comparable to that used by the Office of Applied Studies of the Substance Abuse and Mental Health Services Administration and the Bureau of Justice Statistics of the Office of Justice Programs.
"(b)
"(1) describes the activities funded by grant awards under this subtitle;
"(2) includes the evaluation submitted pursuant to subsection (a); and
"(3) makes recommendations regarding revisions to the authorization of the program, including extension, expansion, application requirements, reduction, and termination.
"SEC. 117. DEFINITIONS.
"In this subtitle:
"(1)
"(2)
"(3)
"(A) violated or has been arrested for violating a drug or alcohol law;
"(B) was under the influence of alcohol or an illegal drug at the time the crime was committed;
"(C) stole property to buy illegal drugs; or
"(D) has a history of substance abuse and addiction.
"(4)
"SEC. 118. AUTHORIZATION OF APPROPRIATIONS.
"(a)
"(1) for fiscal year 1999, $30,000,000; and
"(2) for fiscal year 2000, $20,000,000.
"(b)
Section Referred to in Other Sections
This section is referred to in
§3752. Eligibility
The Bureau is authorized to make financial assistance under this part available to a State to enable it to carry out all or a substantial part of a program or project submitted and approved in accordance with the provisions of this part.
(
Prior Provisions
For prior sections 502 of
Section Referred to in Other Sections
This section is referred to in
§3753. State applications
(a) To request a grant under this part, the chief executive officer of a State shall submit an application within 60 days after the Bureau has promulgated regulations under this section, and for each subsequent year, within 60 days after the date that appropriations for this subchapter are enacted, in such form as the Director may require. Such application shall include the following:
(1) A statewide strategy for drug and violent crime control programs which improve the functioning of the criminal justice system, with an emphasis on drug trafficking, violent crime, and serious offenders. The strategy shall be prepared after consultation with State and local officials with emphasis on those whose duty it is to enforce drug and criminal laws and direct the administration of justice and shall contain—
(A) a definition and analysis of the drug and violent crime problem in the State, and an analysis of the problems in each of the counties and municipalities with major drug and violent crime problems;
(B) an assessment of the criminal justice resources being devoted to crime and drug control programs at the time of the application;
(C) coordination requirements;
(D) resource needs;
(E) the establishment of statewide priorities for crime and drug control activities and programs;
(F) an analysis of the relationship of the proposed State efforts to the national drug control strategy; and
(G) a plan for coordinating the programs to be funded under this subchapter with other federally funded programs, including State and local drug abuse education, treatment, and prevention programs.
(2) A certification that Federal funds made available under the formula grant of this part will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities.
(3) A certification that funds required to pay the non-Federal portion of the cost of each program and project for which such grant is made shall be in addition to funds that would otherwise be made available for law enforcement by the recipients of grant funds.
(4) An assurance that the State application described in this section, and any amendment to such application, has been submitted for review to the State legislature or its designated body (for purposes of this section, such application or amendment shall be deemed to be reviewed if the State legislature or such body does not review such application or amendment within the 30-day period beginning on the date such application or amendment is so submitted).
(5) An assurance that the State application and any amendment thereto was made public before submission to the Bureau and, to the extent provided under State law or established procedure, an opportunity to comment thereon was provided to citizens and to neighborhood and community groups.
(6) An assurance that following the first fiscal year covered by an application and for each fiscal year thereafter, a performance evaluation and assessment report concerning the activities carried out pursuant to this section will be submitted to the Bureau.
(7) A provision for fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary to keep such records that the Bureau shall prescribe to assure fiscal control, proper management, and efficient disbursement of funds reviewed under this section.
(8) An assurance that the applicant shall maintain such data and information and submit such reports in such form, at such times, and containing such data and information as the Bureau may reasonably require to administer other provisions of this part.
(9) A certification that its programs meet all the requirements of this section, that all the information contained in the application is correct, that there has been appropriate coordination with affected agencies, and that the applicant will comply with all provisions of this part and all other applicable Federal laws. Such certification shall be made in a form acceptable to the Bureau and shall be executed by the chief executive or such other officer of the applicant qualified under regulations promulgated by the Office.
(10) A certification that the State is undertaking initiatives to reduce, through the enactment of innovative penalties or increasing law enforcement efforts, the demand for controlled substances by holding accountable those who unlawfully possess or use such substances.
(11) An assurance that the State has established a plan under which the State will provide without fee to the Immigration and Naturalization Service, within 30 days of the date of their conviction, notice of conviction of aliens who have been convicted of violating the criminal laws of the State and under which the State will provide the Service with the certified record of such a conviction within 30 days of the date of a request by the Service for such record.
(12) If any part of funds received from a grant made under this subchapter is to be used to develop or improve a DNA analysis capability in a forensic laboratory, a certification that—
(A) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation under
(B) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only—
(i) to criminal justice agencies for law enforcement identification purposes;
(ii) in judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules;
(iii) for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged; or
(iv) if personally identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and
(C) such laboratory, and each analyst performing DNA analyses at such laboratory, will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under
(b) Within 30 days after November 18, 1988, the Director shall promulgate regulations to implement this section (including the information that must be included and the requirements that the States must meet) in submitting the applications required under this section.
(
Prior Provisions
For prior sections 503 of
Amendments
1994—Subsec. (a)(12).
1991—Subsec. (a)(11).
1990—Subsec. (a)(11).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Section 507(b) of
Transfer of Functions
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
Section Referred to in Other Sections
This section is referred to in
§3754. Grant limitations
(a) Cost of identified uses
A grant made under this part may not—
(1) for fiscal year 1991 appropriations be expended for more than 75 per centum; and
(2) for any subsequent fiscal year appropriations be expended for more than 75 per centum;
of the cost of the identified uses for which such grant is received to carry out any purpose specified in
(b) Administrative costs
Not more than 10 percent of a grant made to an eligible State under
(c) Participation in State and Local Task Force Program; use of grant
States and units of local government or combinations thereof are authorized to use a grant made under
(d) Conduct of evaluation expenses
States and local units of government are authorized to use a grant made under
(e) Non-Federal portion costs
The non-Federal portion of the cost of such program or project shall be in cash. State and local units of government may use cash received under the equitable sharing program to cover the non-Federal portion of the costs of programs funded under
(f) Programs already receiving funds
Except for grants awarded to State and local governments for the purpose of participating in multijurisdictional drug task forces 1 victims assistance programs, or multijurisdictional gang task forces, no funds may be awarded under this part to a grant recipient for a program or project for which funds have been awarded under this chapter for 4 years (in the aggregate), including any period occurring before November 18, 1988.
(
Prior Provisions
For prior sections 504 of
Amendments
1994—Subsec. (f).
1991—Subsec. (a)(2).
Subsec. (f).
1990—Subsec. (a)(1).
1989—Subsec. (a)(1).
Exemption for Certain Grants for Fiscal Year 1994
1 So in original. Probably should be followed by a comma.
§3755. Review of State applications
(a) Financial assistance upon approval of application or amendment
The Bureau shall provide financial assistance to each State applicant under this part to carry out the programs or projects submitted by such applicant upon determining that—
(1) the application or amendment thereto is consistent with the requirements of this part; and
(2) before the approval of the application and any amendment thereto the Bureau has made an affirmative finding in writing that the program or project has been reviewed in accordance with this part.
(b) Time limitation for approval; specific reasons for disapproval
Each application or amendment made and submitted for approval to the Bureau pursuant to
(c) Limitation on use of grant funds for land acquisition or construction projects
Grant funds awarded under this part shall not be used for land acquisition or construction projects, other than penal and correctional institutions.
(d) Reasonable notice and opportunity for reconsideration before final disapproval
The Bureau shall not finally disapprove any application, or any amendment thereto, submitted to the Director under this section without first affording the applicant reasonable notice and opportunity for reconsideration.
(
Prior Provisions
For prior sections 505 of
§3756. Allocation and distribution of funds under formula grants
(a) States
Subject to subsection (f) of this section, of the total amount appropriated for this subchapter in any fiscal year, the amount remaining after setting aside the amount required to be reserved to carry out
(1) $500,000 or 0.25 percent, whichever is greater, 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 State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all the States.
(b) Units of local government
(1) Each State which receives funds under subsection (a) of this section in a fiscal year shall distribute among units of local government, or combinations of units of local government, in such State for the purposes specified in
(2) In distributing funds received under this subchapter among urban, rural, and suburban units of local government and combinations thereof, the State shall give priority to those jurisdictions with the greatest need.
(3) Any funds not distributed to units of local government under paragraph (2) shall be available for expenditure by the State involved.
(4) For purposes of determining the distribution of funds under paragraphs (1) and (2), the most accurate and complete data available for the fiscal year involved shall be used. If data for such fiscal year are not available, then the most accurate and complete data available for the most recent fiscal year preceding such fiscal year shall be used.
(c) Programs eligible
No funds allocated to a State under subsection (a) of this section or received by a State for distribution under subsection (b) of this section may be distributed by the Director or by the State involved for any program other than a program contained in an approved application.
(d) Unneeded State allocated funds distributed to units of local government
If the Director determines, on the basis of information available during any fiscal year, that a portion of the funds allocated to a State for that fiscal year will not be required or that a State will be unable to qualify or receive funds under
(e) Funds not distributed
Any funds allocated under subsection (a) or (f) of this section that are not distributed under this section shall be available for obligation under part B of this subchapter.
(f) Testing certain sex offenders for human immunodeficiency virus
(1) For any fiscal year beginning more than 2 years after November 29, 1990—
(A) 90 percent of the funds allocated under subsection (a) of this section without regard to this subsection to a State described in paragraph (2) shall be distributed by the Director to such State; and
(B) 10 percent of such funds shall be allocated equally among States that are not affected by the operation of subparagraph (A).
(2) Paragraph (1)(A) refers to a State that does not have in effect, and does not enforce, in such fiscal year, a law that requires the State at the request of the victim of a sexual act—
(A) to administer, to the defendant convicted under State law of such sexual act, a test to detect in such defendant the presence of the etiologic agent for acquired immune deficiency syndrome;
(B) to disclose the results of such test to such defendant and to the victim of such sexual act; and
(C) to provide to the victim of such sexual act counseling regarding HIV disease, HIV testing, in accordance with applicable law, and referral for appropriate health care and support services.
(3) For purposes of this subsection—
(A) the term "convicted" includes adjudicated under juvenile proceedings; and
(B) the term "sexual act" has the meaning given such term in subparagraph (A) or (B) of section 2245(1) 1 of title 18.
(
References in Text
Prior Provisions
For prior section 506 of
Amendments
1994—Subsec. (a).
Subsec. (c).
Subsec. (e).
Subsec. (f)(1).
1990—Subsec. (a).
Subsec. (a)(1).
Subsec. (f).
1989—Subsec. (a).
"(1) $500,000 or 0.25 percent, whichever if greater, 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 State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all the States."
Subsec. (a)(1).
Transfer of Functions
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
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§3757. State office
(a) The chief executive of each participating State shall designate a State office for purposes of—
(1) preparing an application to obtain funds under
(2) administering funds received under such section from the Director, including receipt, review, processing, monitoring, progress and financial report review, technical assistance, grant adjustments, accounting, auditing and fund disbursements; and
(3) coordinating the distribution of funds provided under this subchapter with State agencies receiving Federal funds for drug abuse education, prevention, treatment, and research activities and programs.
(b) An office or agency performing other functions within the executive branch of a State may be designated to carry out the functions specified in subsection (a) of this section.
(
Prior Provisions
For prior section 507 of
Transfer of Functions
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
Section Referred to in Other Sections
This section is referred to in
§3758. Distribution of grants to local government
(a) Each application made by a local unit of government, or a combination of units of local government, to a State for funds under this part shall be deemed approved, in whole or in part, by the State not later than 45 days after first received unless the State informs the applicant in writing of specific reasons for disapproval. The State shall not finally disapprove any application submitted to the State without first affording the applicant reasonable notice and opportunity for reconsideration.
(b) Each State which receives funds under
(
References in Text
This part, referred to in subsec. (a), was in the original "this subchapter", and was translated as reading "this subpart", meaning subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968, because title I of that Act does not contain subchapters.
Prior Provisions
For prior section 508 of
Transfer of Functions
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
§3759. Improvement of criminal justice records
(a) Percentage allocation of funds
Subject to subsection (d) of this section, each State which receives funds under
(b) Includible improvements
The improvement referred to in subsection (a) of this section shall include—
(1) the completion of criminal histories to include the final dispositions of all arrests for felony offenses;
(2) the full automation of all criminal justice histories and fingerprint records;
(3) the frequency and quality of criminal history reports to the Federal Bureau of Investigation; and
(4) 1 the improvement of State record systems and the sharing with the Attorney General of all of the records described in paragraphs (1), (2), and (3) of this subsection and the records required by the Attorney General under section 103 of the Brady Handgun Violence Prevention Act, for the purpose of implementing that Act.
(4) 1 the improvement of State record systems and the sharing of all of the records described in paragraphs (1), (2), and (3) and the child abuse crime records required under the National Child Protection Act of 1993 [
(c) Guidelines
The Director, in consultation with the Director of the Bureau of Justice Statistics, shall establish guidelines for the fulfillment of the requirements specified in subsections (a) and (b) of this section.
(d) Expenditures unwarranted in light of quality of criminal justice records
In accordance with such guidelines as the Director shall issue and on the request of a State, the Director may—
(1) waive compliance with subsection (a) of this section by such State; or
(2) authorize such State to reduce the minimum amount such State is required to allocate under subsection (a) of this section;
if the Director, in the discretion of the Director, finds that the quality of the State's criminal justice records does not warrant expending the amount allocated under subsection (a) of this section.
(
References in Text
The Brady Handgun Violence Prevention Act, referred to in subsec. (b)(4), is title I of
The National Child Protection Act of 1993, referred to in subsec. (b)(4), is
Prior Provisions
For prior section 509 of
Amendments
1993—Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
Effective Date
Section 1803(c) of
Transfer of Functions
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
1 So in original. Two pars. (4) have been enacted.
Part B—Discretionary Grants
Part Referred to in Other Sections
This part is referred to in
subpart 1—grants to public and private entities
§3760. Purposes
(a) In general
The purpose of this subpart is to provide additional Federal financial assistance to public or private agencies and private nonprofit organizations for purposes of—
(1) undertaking educational and training programs for—
(A) criminal justice personnel; and
(B) the general public, with respect to the lawful and safe ownership, storage, carriage, or use of firearms, including the provision of secure gun storage or safety devices;
(2) providing technical assistance to States and local units of government;
(3) undertaking projects which are national or multijurisdictional in scope and which address the purposes specified in
(4) providing financial assistance to public agencies and private nonprofit organizations for demonstration programs which, in view of previous research or experience, are likely to be a success in more than one jurisdiction.
(b) Grants and contracts
In carrying out this subpart, the Director is authorized to make grants to, or enter into contracts with non-Federal public or private agencies, institutions, or organizations or individuals to carry out any purpose specified in
(c) Firearm safety education grants
(1) In accordance with this subsection, the Director may make a grant to, or enter into a contract with, any person or entity referred to in subsection (b) of this section to provide for a firearm safety program that, in a manner consistent with subsection (a)(1)(B) of this section, provides for general public training and dissemination of information concerning firearm safety, secure gun storage, and the lawful ownership, carriage, or use of firearms, including the provision of secure gun storage or safety devices.
(2) Funds made available under a grant under paragraph (1) may not be used (either directly or by supplanting non-Federal funds) for advocating or promoting gun control, including making communications that are intended to directly or indirectly affect the passage of Federal, State, or local legislation intended to restrict or control the purchase or use of firearms.
(3) Except as provided in paragraph (4), each firearm safety program that receives funding under this subsection shall provide for evaluations that shall be developed pursuant to guidelines that the Director of the National Institute of Justice of the Department of Justice, in consultation with the Director of the Bureau of Justice Assistance and recognized private entities that have expertise in firearms safety, education and training, shall establish.
(4) With respect to a firearm safety program that receives funding under this section, the Director may waive the evaluation requirement described in paragraph (3) if the Director determines that the program—
(A) is not of a sufficient size to justify an evaluation; or
(B) is designed primarily to provide material resources and supplies, and that activity would not justify an evaluation.
(
Prior Provisions
For prior section 510 of
Amendments
1998—Subsec. (a)(1).
Subsec. (b).
Subsec. (c).
1994—Subsec. (b).
1990—
Effective Date of 1998 Amendment
"(1) October 1, 1998; or
"(2) the date of enactment of this Act [Oct. 21, 1998]."
Effective Date of 1994 Amendment
Section 320702(b) of
Transfer of Functions
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
§3761. Allocation of funds for grants
Of the total amount appropriated for this subchapter (other than subpart 2 of this part) in any fiscal year, 20 percent or $50,000,000, whichever is less, shall be reserved and set aside for this section in a special discretionary fund for use by the Director in carrying out the purposes specified in
(
Prior Provisions
For prior section 511 of
Amendments
1990—
Transfer of Functions
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
Section Referred to in Other Sections
This section is referred to in
§3762. Limitation on use of discretionary grant funds
Grant funds awarded under
(
Prior Provisions
For prior sections 512 to 514 of
subpart 2—grants to public agencies
Subpart Referred to in Other Sections
This subpart is referred to in
§3762a. Correctional options grants
(a) Authority to make grants
The Director, in consultation with the Director of the National Institute of Corrections, may make—
(1) 4 grants in each fiscal year, in various geographical areas throughout the United States, to public agencies for correctional options (including the cost of construction) that provide alternatives to traditional modes of incarceration and offender release programs—
(A) to provide more appropriate intervention for youthful offenders who are not career criminals, but who, without such intervention, are likely to become career criminals or more serious offenders;
(B) to provide a degree of security and discipline appropriate for the offender involved;
(C) to provide diagnosis, and treatment and services (including counseling, substance abuse treatment, education, job training and placement assistance while under correctional supervision, and linkage to similar outside services), to increase the success rate of offenders who decide to pursue a course of lawful and productive conduct after release from legal restraint;
(D) to reduce criminal recidivism by offenders who receive punishment through such alternatives;
(E) to reduce the cost of correctional services and facilities by reducing criminal recidivism; and
(F) to provide work that promotes development of industrial and service skills in connection with a correctional option;
(2) grants to private nonprofit organizations—
(A) for any of the purposes specified in subparagraphs (A) through (F) of paragraph (1);
(B) to undertake educational and training programs for criminal justice personnel;
(C) to provide technical assistance to States and local units of government; and
(D) to carry out demonstration projects which, in view of previous research or experience, are likely to be a success in more than one jurisdiction;
in connection with a correctional option (excluding the cost of construction); and
(3) grants to public agencies to establish, operate, and support boot camp prisons.
(b) Selection of grantees
The selection of applicants to receive grants under paragraphs (1) and (2) of subsection (a) of this section shall be based on their potential for developing or testing various innovative alternatives to traditional modes of incarceration and offender release programs. In selecting the applicants to receive grants under subsection (a)(3) of this section, the Director shall—
(1) consider the overall quality of an applicant's shock incarceration program, including the existence of substance abuse treatment, drug testing, counseling literacy education, vocational education, and job training programs during incarceration or after release; and
(2) give priority to public agencies that clearly demonstrate that the capacity of their correctional facilities is inadequate to accommodate the number of individuals who are convicted of offenses punishable by a term of imprisonment exceeding 1 year.
(c) Consultations
The Director shall consult with the Commission on Alternative Utilization of Military Facilities created by
(
References in Text
The Commission on Alternative Utilization of Military Facilities, referred to in subsec. (c), was created by section 2819 of
Prior Provisions
For prior section 515 of
Amendments
1994—Subsec. (b).
Transfer of Functions
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
Section Referred to in Other Sections
This section is referred to in
§3762b. Allocation of funds; administrative provisions
(a) Allocation of funds
Of the total amount appropriated for this subpart in any fiscal year, 80 percent shall be used to make grants under
(b) Limit on grant share of cost
A grant made under paragraph (1) or (3) of
(c) Rules; report; request for applications
The Director shall—
(1) not later than 90 days after funds are first appropriated to carry out this subpart, issue rules to carry out this subpart; and
(2) not later than 180 days after funds are first appropriated to carry out this subpart—
(A) submit to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report describing such rules; and
(B) request applications for grants under this subpart.
(
Prior Provisions
For prior section 516 of
Amendments
1994—Subsec. (a).
Subsec. (b).
Transfer of Functions
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
subpart 3—general requirements
§3763. Application requirements
(a) No grant may be made under this part unless an application has been submitted to the Director in which the applicant—
(1) sets forth a program or project which is eligible for funding pursuant to
(2) describes the services to be provided, performance goals, and the manner in which the program is to be carried out;
(3) describes the method to be used to evaluate the program or project in order to determine its impact and effectiveness in achieving the stated goals; and
(4) agrees to conduct such evaluation according to the procedures and terms established by the Bureau.
(b) Each applicant for funds under this part shall certify that its program or project meets all the applicable requirements of this section, that all the applicable information contained in the application is correct, and that the applicant will comply with all the applicable provisions of this part and all other applicable Federal laws. Such certification shall be made in a form acceptable to the Director.
(
Prior Provisions
For prior section 517 of
Amendments
1990—Subsec. (a)(1).
Subsec. (b).
Transfer of Functions
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
Section Referred to in Other Sections
This section is referred to in
§3764. Period of award
The Bureau may provide financial aid and assistance to programs or projects under this part for a period of not to exceed 4 years. Grants made pursuant to this part may be extended or renewed by the Bureau for an additional period of up to 2 years if—
(1) an evaluation of the program or project indicates that it has been effective in achieving the stated goals or offers the potential for improving the functioning of the criminal justice system; and
(2) the applicant that conducts such program or project agrees to provide at least one-half of the total cost of such program or project from any source of funds, including Federal grants, available to the eligible jurisdiction.
(
Prior Provisions
For prior sections 518 and 519 of
Amendments
1990—Par. (2).
Part C—Administrative Provisions
Part Referred to in Other Sections
This part is referred to in
§3766. Evaluation
(a) Guidelines and comprehensive evaluations
To increase the efficiency and effectiveness of programs funded under this subchapter, the National Institute of Justice shall—
(1) develop guidelines, in cooperation with the Bureau of Justice Assistance, to assist State and local units of government to conduct the program evaluations as required by
(2) conduct a reasonable number of comprehensive evaluations of programs funded under section 3756 (formula grants) and sections 3761 and 3762a (discretionary grants) of this title.
(b) Criteria for selecting programs for review
In selecting programs for review, the Director of the National Institute of Justice should consider—
(1) whether the program establishes or demonstrates a new and innovative approach to drug or crime control;
(2) the cost of the program to be evaluated and the number of similar programs funded under section 3756 (formula grants) and section 3761 (discretionary grants) of this title;
(3) whether the program has a high potential to be replicated in other jurisdictions; and
(4) whether there is substantial public awareness and community involvement in the program. Routine auditing, monitoring, and internal assessment of a State and local drug control program's progress shall be the sole responsibility of the Bureau of Justice Assistance.
(c) Annual report
The Director of the National Institute of Justice shall annually report to the President, the Attorney General, and the Congress on the nature and findings of the evaluation and research and development activities funded under this section.
(
Prior Provisions
For prior section 520 of
Amendments
1990—Subsec. (a)(2).
§3766a. General provisions
(a) The Bureau shall prepare both a "Program Brief" and "Implementation Guide" document for proven programs and projects to be funded under this subchapter.
(b) The functions, powers, and duties specified in this subchapter to be carried out by the Bureau shall not be transferred elsewhere in the Department of Justice unless specifically hereafter authorized by the Congress by law.
(
Prior Provisions
For prior section 521 of
§3766b. Reports
(a) Each State which receives a grant under
(1) a summary of the activities carried out with such grant and an assessment of the impact of such activities on meeting the needs identified in the State strategy submitted under
(2) a summary of the activities carried out in such year with any grant received under part B of this subchapter by such State;
(3) the evaluation result of programs and projects;
(4) an explanation of how the Federal funds provided under this subchapter were coordinated with State agencies receiving Federal funds for drug abuse education, prevention, treatment, and research activities; and
(5) such other information as the Director may require by rule.
Such report shall be submitted in such form and by such time as the Director may require by rule.
(b) Not later than 180 days after the end of each fiscal year for which grants are made under this subchapter, the Director shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report that includes with respect to each State—
(1) the aggregate amount of grants made under part A of this subchapter and part B of this subchapter to such State for such fiscal year;
(2) the amount of such grants awarded for each of the purposes specified in part A of this subchapter;
(3) a summary of the information provided in compliance with paragraphs (1) and (2) of subsection (a) of this section;
(4) an explanation of how Federal funds provided under this subchapter have been coordinated with Federal funds provided to States for drug abuse education, prevention, treatment, and research activities; and
(5) evaluation results of programs and projects and State strategy implementation.
(
Prior Provisions
For prior sections 523, 524, and 526 to 528 of
Transfer of Functions
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
SUBCHAPTER VI—CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT PROGRAM
§3769. Authority for payments
In order to relieve overcrowding and substandard conditions at State and local correctional facilities, the Director of the Bureau of Justice Assistance (hereinafter in this subchapter referred to as the "Director") is authorized to make grants to States, units of local government, and combinations of such units to assist in construction of correctional facility projects approved under this subchapter, and in planning to relieve overcrowding and substandard conditions in correctional facilities.
(
Prior Provisions
For prior sections 3769 and 3770, see note set out preceding
A prior section 601 of
Another prior section 601 of
Effective Date
Subchapter effective Oct. 12, 1984, see section 609AA(a) of
Transfer of Functions
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
§3769a. Eligibility
(a) Conditions
A State, unit of local government, or combination of such units shall be eligible for assistance under this subchapter for a correctional facility project only—
(1) if the Director, with the concurrence of the Director of the National Institute of Corrections established in
(2) for not more than one such project in any State per fiscal year.
(b) Development of plan; limitation of assistance
A State, a unit of local government, or a combination of such units shall be eligible for assistance under this subchapter for the development of a plan for relieving overcrowding or substandard conditions in correctional facilities operated by the State, a unit of local government, or a combination of such units. Such assistance shall not exceed 50 percent of the cost of developing the plan.
(
Prior Provisions
A prior section 602 of
Amendments
1994—Subsec. (a)(1).
Transfer of Functions
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
Section Referred to in Other Sections
This section is referred to in
§3769b. Application; approval; payment
(a) Terms and conditions of application
A State, unit of local government, or combination of such units desiring to receive assistance under this subchapter for a correctional facility project shall submit to the Director an application which shall include—
(1) reasonable assurance that the applicant has developed an acceptable plan for reducing overcrowding and improving conditions of confinement in its correctional facilities and has implemented, or is in the process of implementing, such plan through legislative, executive, or judicial initiatives;
(2) a detailed description of the correctional facility to be constructed, altered, or expanded, including a description of the site of such facility;
(3) an estimate of the total cost of the construction of such project, including the amount of assistance requested for such project;
(4) reasonable assurance that title to such site is or will be vested solely in the applicant, or another agency or instrumentality of the applicant;
(5) reasonable assurance that adequate financial support will be available for the construction of the project and for its maintenance and operation when complete; and
(6) reasonable assurance that the applicant will comply with the standards and recommendations of the clearinghouse on the construction and modernization of correctional facilities established under
(b) Approval of application; criteria
(1) The Director may approve any such application only if the Director finds that—
(A) there are sufficient funds available to provide the assistance requested;
(B) such assistance does not exceed 20 percent of the estimated total cost of construction;
(C) the application contains such reasonable assurances as may be required under subsection (a) of this section; and
(D) the eligibility criteria of
(2) In approving applications under this subsection, the Director shall consider the numbers and general characteristics of the inmate population (to include factors such as offenders' ages, offenses, average term of incarceration, and custody status), and the degree to which the applicant has implemented an inmate classification system which addresses the need for appropriate security assignment.
(c) Amount of payment; limitation
Upon approving an application under this section, the Director shall award the amount of assistance so approved, but in no event an amount greater than 20 percent of the cost of construction of the approved correctional facility project, and shall provide for payment to the applicant or, if designated by the applicant, any agency or instrumentality of the applicant. Such amount shall be paid, in advance or by way of reimbursement, and in such installments consistent with the progress of construction as the Director may determine. Funds paid under this subsection for the construction of an approved project shall be used solely for carrying out such project as so approved.
(d) Amendment of application; approval
An amendment of any application shall be subject to approval in the same manner as an original application.
(
Prior Provisions
A prior section 603 of
Amendments
1994—Subsec. (a)(6).
Transfer of Functions
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
§3769c. Recapture provisions
If, within 20 years after completion of any correctional facility project with respect to which assistance has been provided under this subchapter, such facility ceases to be operated as a correctional facility, the United States may recover from the recipient of such assistance any amount not to exceed 20 percent of the then current value of such project (but in no event an amount greater than the amount of assistance provided under this subchapter for such project), as determined by agreement with the parties or by action brought in the district court of the United States for the district in which such facility is situated.
(
Codification
This section is based on section 605 of
Prior Provisions
A prior section 605 of
Amendments
1994—
§3769d. Clearinghouse on the construction and modernization of criminal justice facilities
(a) Functions; information
The Director shall provide for the operation of a clearinghouse on the construction and modernization of correctional facilities, which shall collect, prepare, and disseminate to the public and to interested State and local public agencies information, including recommendations, pertaining to the construction and modernization of correctional facilities. Such information shall include information regarding—
(1) new and innovative methods and advanced design that will stand as examples of technology for avoiding delay and reducing costs in correctional facility design, construction, and improvement;
(2) ways in which a construction planning program may be used to improve the administration of the criminal justice system within each State;
(3) recommended minimum standards concerning construction materials and methods, to be updated from time to time to reflect technological advances;
(4) the cost effectiveness of available construction materials, methods, and design technologies;
(5) the training of correctional facility personnel; and
(6) health and safety considerations in construction planning.
(b) Authority of Director
The Director is authorized to enter into contracts with private organizations and interagency agreements with the National Institute of Corrections, the National Institute of Justice, the Bureau of Justice Statistics, and other appropriate public agencies, to operate the clearinghouse required under this section.
(
Prior Provisions
A prior section 606 of
Amendments
1994—Subsec. (b).
Transfer of Functions
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
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER VII—FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE PERSONNEL
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3771. Training and manpower development
(a) Functions, powers, and duties of Director of Federal Bureau of Investigation
The Director of the Federal Bureau of Investigation is authorized to—
(1) establish and conduct training programs at the Federal Bureau of Investigation National Academy at Quantico, Virginia, to provide, at the request of a State, unit of local government, or rail carrier, training for State and local criminal justice personnel, including railroad police officers;
(2) develop new or improved approaches, techniques, systems, equipment, and devices to improve and strengthen criminal justice; and
(3) assist in conducting, at the request of a State, unit of local government, or rail carrier, local and regional training programs for the training of State and local criminal justice personnel engaged in the investigation of crime and the apprehension of criminals. Training for rural criminal justice personnel shall include, when appropriate, effective use of regional resources and methods to improve coordination among criminal justice personnel in different areas and in different levels of government. Such training shall be provided only for persons actually employed as State police or highway patrol, police of a unit of local government, sheriffs, and their deputies, railroad police officer,1 and other persons as the State, unit of local government, or rail carrier may nominate for police training while such persons are actually employed as officers of such State, unit of local government, or rail carrier.
(b) General authority of Attorney General over Director
In the exercise of the functions, powers, and duties established under this section the Director of the Federal Bureau of Investigation shall be under the general authority of the Attorney General.
(c) Training programs for State and local personnel at Federal Training Center
Notwithstanding the provisions of subsection (a) of this section, the Secretary of the Treasury is authorized to establish, develop, and conduct training programs at the Federal Law Enforcement Training Center at Glynco, Georgia, to provide, at the request of a State or unit of local government, training for State and local criminal justice personnel provided that such training does not interfere with the Center's mission to train Federal law enforcement personnel.
(d) Rail carrier costs
No Federal funds may be used for any travel, transportation, or subsistence expenses incurred in connection with the participation of a railroad police officer in a training program conducted under subsection (a) of this section.
(e) Definitions
In this section—
(1) the terms "rail carrier" and "railroad" have the meanings given such terms in
(2) the term "railroad police officer" means a peace officer who is commissioned in his or her State of legal residence or State of primary employment and employed by a rail carrier to enforce State laws for the protection of railroad property, personnel, passengers, or cargo.
(
Prior Provisions
A prior section 3771,
For another prior section 3771, see note set out preceding
A prior section 701 of
Another prior section 701 of
Prior sections 3772 to 3775 were omitted in the general revision of this subchapter by section 609A(a) of
Section 3772,
A prior section 702 of
Section 3773,
A prior section 703 of
Section 3774,
A prior section 704 of
Section 3775,
For other prior sections 3772 to 3774, see note set out preceding
Amendments
1999—Subsec. (a)(1).
Subsec. (a)(3).
Subsecs. (d), (e).
Effective Date
Section effective Oct. 12, 1984, see section 609AA(a) of
Annual Outstanding Student Award
Similar provisions were contained in the following prior appropriation acts:
Travel and Subsistence Expenses of State and Local Law Enforcement Officers Attending Meetings, Courses, Etc., at FBI National Academy
Fees To Provide Training for State and Local Law Enforcement Officers at FBI National Academy; Prohibition; Reimbursement
1 So in original. Probably should be "officers,".
SUBCHAPTER VIII—ADMINISTRATIVE PROVISIONS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3781. Repealed. Pub. L. 98–473, title II, §609B(a), Oct. 12, 1984, 98 Stat. 2091
Section,
A prior section 3781,
Effective Date of Repeal
Repeal effective Oct. 12, 1984, see section 609AA(a) of
§3782. Rules, regulations, and procedures; consultations and establishment
(a) General authorization of certain Federal agencies
The Office of Justice Programs, the Bureau of Justice Assistance, the Office of Juvenile Justice and Delinquency Prevention, the Bureau of Justice Statistics, and the National Institute of Justice are authorized, after appropriate consultation with representatives of States and units of local government, to establish such rules, regulations, and procedures as are necessary to the exercise of their functions, and as are consistent with the stated purposes of this chapter.
(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
The Bureau of Justice Assistance shall, after consultation with the National Institute of Justice, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, State and local governments, and the appropriate public and private agencies, establish such rules and regulations as are necessary to assure the continuing evaluation of selected programs or projects conducted pursuant to subchapters V, XII–A, XII–B, XII–C, and XII–I of this chapter, in order to determine—
(1) whether such programs or projects have achieved the performance goals stated in the original application, are of proven effectiveness, have a record of proven success, or offer a high probability of improving the criminal justice system;
(2) whether such programs or projects have contributed or are likely to contribute to the improvement of the criminal justice system and the reduction and prevention of crime;
(3) their cost in relation to their effectiveness in achieving stated goals;
(4) their impact on communities and participants; and
(5) their implication for related programs.
In conducting evaluations described in this subsection, the Bureau of Justice Assistance shall, when practical, compare the effectiveness of programs conducted by similar applicants and different applicants. The Bureau of Justice Assistance shall also require applicants under part A of subchapter V of this chapter to submit an annual performance report concerning activities carried out pursuant to part A of subchapter V of this chapter together with an assessment by the applicant of the effectiveness of those activities in achieving the purposes of
(c) Procedures for paperwork minimization and prevention of duplication and delays in award and expenditure of funds
The procedures established to implement the provisions of this chapter shall minimize paperwork and prevent needless duplication and unnecessary delays in award and expenditure of funds at all levels of government.
(
Prior Provisions
A prior section 801 of
Another prior section 801 of
Amendments
1994—Subsec. (b).
1990—Subsec. (b).
1986—Subsec. (b).
1984—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date of 1984 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3783. Notice and hearing on denial or termination of grant
(a) Payments to recipients; limitation, reduction, or termination
Whenever, after reasonable notice and opportunity for a hearing on the record in accordance with
(1) any provisions of this chapter;
(2) any regulations or guidelines promulgated under this chapter; or
(3) any application submitted in accordance with the provisions of this chapter, or the provisions of any other applicable Federal Act;
the Director involved shall, until satisfied that there is no longer any such failure to comply, terminate payments to the recipient under this chapter, reduce payments to the recipient under this chapter by an amount equal to the amount of such payments which were not expended in accordance with this chapter, or limit the availability of payments under this chapter to programs, projects, or activities not affected by such failure to comply.
(b) Notice of action; reasons for action; hearing or investigation; finality of findings and determinations; reasons in detail for action without hearing
If any grant application submitted under part A of subchapter V of this chapter or under subchapter XII–A, XII–B, XII–C, or XII–I of this chapter has been denied, or any grant under this chapter has been terminated, then the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics, as appropriate, shall notify the applicant of its action and set forth the reason for the action taken. Whenever such an applicant requests a hearing, the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics, or any authorized officer thereof, is authorized and directed to hold such hearings or investigations, including hearings on the record in accordance with
(c) Rehearing; regulations and procedures; presentation of additional information
If the applicant involved is dissatisfied with the findings and determinations of the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics following notice and hearing provided for in subsection (a) of this section, a request may be made for rehearing, under such regulations and procedure as the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics may establish, and such applicant shall be afforded an opportunity to present such additional information as may be deemed appropriate and pertinent to the matter involved.
(
Prior Provisions
A prior section 802 of
Another prior section 802 of
Amendments
1994—Subsec. (b).
1990—Subsec. (b).
1986—Subsec. (b).
1984—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date of 1984 Amendment
Amendment by
Transfer of Functions
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
Section Referred to in Other Sections
This section is referred to in
§3784. Finality of determinations
In carrying out the functions vested by this chapter in the Bureau of Justice Assistance, the Bureau of Justice Statistics, or the National Institute of Justice, their determinations, findings, and conclusions shall, after reasonable notice and opportunity for a hearing, be final and conclusive upon all applications, except as otherwise provided herein.
(
Prior Provisions
A prior section 803 of
Another prior section 803 of
Amendments
1984—
Effective Date of 1984 Amendment
Amendment by section 609B(c) of
Section Referred to in Other Sections
This section is referred to in
§3785. Appellate court review
(a) Jurisdiction of court of appeals; petition for review; time for filing, copies; record; objections before appropriate agency
If any applicant or recipient is dissatisfied with a final action with respect to
(b) Determination by court of appeals: conclusiveness of findings; remand; conclusiveness of new or modified findings
The court shall have jurisdiction to affirm or modify a final action or to set it aside in whole or in part. The findings of fact by the Office of Justice Programs, Bureau of Justice Assistance, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, or the National Institute of Justice, if supported by substantial evidence on the record considered as a whole, shall be conclusive, but the court, for good cause shown, may remand the case to the Office of Justice Programs, Bureau of Justice Assistance, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, or the Bureau of Justice Statistics, to take additional evidence to be made part of the record. The Office of Justice Programs, Bureau of Justice Assistance, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, or the National Institute of Justice, may thereupon make new or modified findings of fact by reason of the new evidence so taken and filed with the court and shall file such modified or new findings along with any recommendations such entity may have for the modification or setting aside of such entity's original action. All new or modified findings shall be conclusive with respect to questions of fact if supported by substantial evidence when the record as a whole is considered.
(c) Determination by court of appeals; Supreme Court review
Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Office of Justice Programs, Bureau of Justice Assistance, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, or the National Institute of Justice, or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certifications as provided in
(
Prior Provisions
A prior section 804 of
Another prior section 804 of
Amendments
1994—Subsec. (b).
1984—
Subsec. (a).
Subsec. (b).
Effective Date of 1984 Amendment
Amendment by section 609B(d) of
Section Referred to in Other Sections
This section is referred to in
§3786. Delegation of functions
The Attorney General, the Assistant Attorney General, the Director of the National Institute of Justice, the Director of the Bureau of Justice Statistics, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, and the Director of the Bureau of Justice Assistance may delegate to any of their respective officers or employees such functions under this chapter as they deem appropriate.
(
Prior Provisions
A prior section 3786,
A prior section 805 of
Effective Date
Section effective Oct. 12, 1984, see section 609AA(a) of
Transfer of Functions
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
§3787. Subpoena power; employment of hearing officers; authority to hold hearings
The Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics may appoint such hearing examiners or administrative law judges or request the use of such administrative law judges selected by the Office of Personnel Management pursuant to
(
Prior Provisions
A prior section 3787,
A prior section 806 of
Provisions similar to this section were contained in part in
Effective Date
Section effective Oct. 12, 1984, see section 609AA(a) of
Section Referred to in Other Sections
This section is referred to in
§3788. Personnel and administrative authority
(a) Officers and employees of certain Federal agencies; employment; compensation
The Assistant Attorney General, the Director of the Bureau of Justice Assistance, the Director of the Institute, and the Director of the Bureau of Justice Statistics are authorized to select, appoint, employ, and fix compensation of such officers and employees as shall be necessary to carry out the powers and duties of the Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics, respectively, under this chapter.
(b) Use of available services; reimbursement
The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics are authorized, on a reimbursable basis when appropriate, to use the available services, equipment, personnel, and facilities of Federal, State, and local agencies to the extent deemed appropriate after giving due consideration to the effectiveness of such existing services, equipment, personnel, and facilities.
(c) Other Federal agency performance of functions under this chapter; reimbursement
The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics may arrange with and reimburse the heads of other Federal departments and agencies for the performance of any of the functions under this chapter.
(d) Experts and consultants; compensation
The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics may procure the services of experts and consultants in accordance with
(e) Advisory committees; compensation and travel expenses of committee members
The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics are authorized to appoint, without regard to the provisions of title 5, advisory committees to advise them with respect to the administration of this chapter as they deem necessary. Such committees shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). Members of such committees not otherwise in the employ of the United States, while engaged in advising or attending meetings of such committees, shall be compensated at rates to be fixed by the Office but not to exceed the daily equivalent of the rate of pay payable from time to time for GS–18 of the General Schedule under
(f) Payments; installments; advances or reimbursement; transportation and subsistence expenses for attendance at conferences or other assemblages
Payments under this chapter may be made in installments, and in advance or by way of reimbursement, as may be determined by the Office, the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics, and may be used to pay the transportation and subsistence expenses of persons attending conferences or other assemblages notwithstanding
(g) Voluntary services; status as Federal employees; exceptions
The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics are authorized to accept and employ, in carrying out the provisions of this chapter, voluntary and uncompensated services notwithstanding
(
References in Text
Provisions of title 5 relating to appointments, referred to in subsec. (c), are classified to
The Federal Advisory Committee Act, referred to in subsec. (e), is
The tort claim provisions of title 28, referred to in subsec. (g), are the provisions of the Federal Tort Claims Act, which is classified generally to section 1346(b) and to
Prior Provisions
A prior section 3788,
A prior section 807 of
Provisions similar to subsecs. (b), (c), (d) to (f), and (g) of this section were contained in sections 3789, 3789b(a), 3789c(a) to (c), and 3789h of this title, respectively, prior to repeal by section 609B(e) of
Effective Date
Section effective Oct. 12, 1984, see section 609AA(a) of
Transfer of Functions
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
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
§3789. Title to personal property
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 described in section 3757 or 3796aa–7 1 of this title, 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.
(
References in Text
Prior Provisions
A prior section 3789,
A prior section 808 of
Amendments
1994—
1990—
1986—
Effective Date
Section effective Oct. 12, 1984, see section 609AA(a) of
1 See References in Text note below.
§§3789a to 3789c. Repealed. Pub. L. 98–473, title II, §609B(e), Oct. 12, 1984, 98 Stat. 2093
Section 3789a,
Section 3789b,
Section 3789c,
Effective Date of Repeal
Repeal effective Oct. 12, 1984, see section 609AA(a) of
§3789d. Prohibition of Federal control over State and local criminal justice agencies; prohibition of discrimination
(a) General rule
Nothing in this chapter or any other Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over any police force or any other criminal justice agency of any State or any political subdivision thereof.
(b) Racial imbalance requirement restriction
Notwithstanding any other provision of law, nothing contained in this chapter shall be construed to authorize the National Institute of Justice, the Bureau of Justice Statistics, or the Law Enforcement Assistance Administration—
(1) to require, or condition the availability or amount of a grant upon the adoption by an applicant or grantee under this chapter of a percentage ratio, quota system, or other program to achieve racial balance in any criminal justice agency; or
(2) to deny or discontinue a grant because of the refusal of an applicant or grantee under this chapter to adopt such a ratio, system, or other program.
(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
(1) 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, or be subjected to discrimination under or denied employment in connection with any programs or activity funded in whole or in part with funds made available under this chapter.
(2)(A) Whenever there has been—
(i) receipt of notice of a finding, after notice and opportunity for a hearing, by a Federal court (other than in an action brought by the Attorney General) or State court, or by a Federal or State administrative agency, to the effect that there has been a pattern or practice of discrimination in violation of paragraph (1); or
(ii) a determination after an investigation by the Office of Justice Programs (prior to a hearing under subparagraph (F) but including an opportunity for the State government or unit of local government to make a documentary submission regarding the allegation of discrimination with respect to such program or activity, with funds made available under this chapter) that a State government or unit of local government is not in compliance with paragraph (1);
the Office of Justice Programs shall, within ten days after such occurrence, notify the chief executive of the affected State, or the State in which the affected unit of local government is located, and the chief executive of such unit of local government, that such program or activity has been so found or determined not to be in compliance with paragraph (1), and shall request each chief executive, notified under this subparagraph with respect to such violation, to secure compliance. For purposes of clause (i) a finding by a Federal or State administrative agency shall be deemed rendered after notice and opportunity for a hearing if it is rendered pursuant to procedures consistent with the provisions of subchapter II of
(B) In the event the chief executive secures compliance after notice pursuant to subparagraph (A), the terms and conditions with which the affected State government or unit of local government agrees to comply shall be set forth in writing and signed by the chief executive of the State, by the chief executive of such unit (in the event of a violation by a unit of local government), and by the Office of Justice Programs. On or prior to the effective date of the agreement, the Office of Justice Programs shall send a copy of the agreement to each complainant, if any, with respect to such violation. The chief executive of the State, or the chief executive of the unit (in the event of a violation by a unit of local government) shall file semiannual reports with the Office of Justice Programs detailing the steps taken to comply with the agreement. These reports shall cease to be filed upon the determination of the Office of Justice Programs that compliance has been secured, or upon the determination by a Federal or State court that such State government or local governmental unit is in compliance with this section. Within fifteen days of receipt of such reports, the Office of Justice Programs shall send a copy thereof to each such complainant.
(C) If, at the conclusion of ninety days after notification under subparagraph (A)—
(i) compliance has not been secured by the chief executive of that State or the chief executive of that unit of local government; and
(ii) an administrative law judge has not made a determination under subparagraph (F) that it is likely the State government or unit of local government will prevail on the merits; the Office of Justice Programs shall notify the Attorney General that compliance has not been secured and caused to have suspended further payment of any funds under this chapter to that program or activity. Such suspension shall be limited to the specific program or activity cited by the Office of Justice Programs in the notice under subparagraph (A). Such suspension shall be effective for a period of not more than one hundred and twenty days, or, if there is a hearing under subparagraph (G), not more than thirty days after the conclusion of such hearing, unless there has been an express finding by the Office of Justice Programs, after notice and opportunity for such a hearing, that the recipient is not in compliance with paragraph (1).
(D) Payment of the suspended funds shall resume only if—
(i) such State government or unit of local government enters into a compliance agreement approved by the Office of Justice Programs and the Attorney General in accordance with subparagraph (B);
(ii) such State government or unit of local government complies fully with the final order or judgment of a Federal or State court, or by a Federal or State administrative agency if that order or judgment covers all the matters raised by the Office of Justice Programs in the notice pursuant to subparagraph (A), or is found to be in compliance with paragraph (1) by such court; or
(iii) after a hearing the Office of Justice Programs pursuant to subparagraph (F) finds that noncompliance has not been demonstrated.
(E) Whenever the Attorney General files a civil action alleging a pattern or practice of discriminatory conduct on the basis of race, color, religion, national origin, or sex in any program or activity of a State government or unit of local government which State government or unit of local government receives funds made available under this chapter, and the conduct allegedly violates the provisions of this section and neither party within forty-five days after such filing has been granted such preliminary relief with regard to the suspension or payment of funds as may be otherwise available by law, the Office of Justice Programs shall cause to have suspended further payment of any funds under this chapter to that specific program or activity alleged by the Attorney General to be in violation of the provisions of this subsection until such time as the court orders resumption of payment.
(F) Prior to the suspension of funds under subparagraph (C), but within the ninety-day period after notification under subparagraph (C), the State government or unit of local government may request an expedited preliminary hearing on the record in accordance with
(G)(i) At any time after notification under subparagraph (A), but before the conclusion of the one-hundred-and-twenty-day period referred to in subparagraph (C), a State government or unit of local government may request a hearing on the record in accordance with
(ii) Within thirty days after the conclusion of the hearing, or, in the absence of a hearing, at the conclusion of the one-hundred-and-twenty-day period referred to in subparagraph (C), the Office of Justice Programs shall make a finding of compliance or noncompliance. If the Office of Justice Programs makes a finding of noncompliance, the Office of Justice Programs shall notify the Attorney General in order that the Attorney General may institute a civil action under paragraph (3), cause to have terminated the payment of funds under this chapter, and, if appropriate, seek repayment of such funds.
(iii) If the Office of Justice Programs makes a finding of compliance, payment of the suspended funds shall resume as provided in subparagraph (D).
(H) Any State government or unit of local government aggrieved by a final determination of the Office of Justice Programs under subparagraph (G) may appeal such determination as provided in
(3) Whenever the Attorney General has reason to believe that a State government or unit of local government has engaged in or is engaging in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in an appropriate United States district court. Such court may grant as relief any temporary restraining order, preliminary or permanent injunction, or other order, as necessary or appropriate to insure the full enjoyment of the rights described in this section, including the suspension, termination, or repayment of such funds made available under this chapter as the court may deem appropriate, or placing any further such funds in escrow pending the outcome of the litigation.
(4)(A) Whenever a State government or unit of local government, or any officer or employee thereof acting in an official capacity, has engaged or is engaging in any act or practice prohibited by this subsection, a civil action may be instituted after exhaustion of administrative remedies by the person aggrieved in an appropriate United States district court or in a State court of general jurisdiction. Administrative remedies shall be deemed to be exhausted upon the expiration of sixty days after the date the administrative complaint was filed with the Office of Justice Programs or any other administrative enforcement agency, unless within such period there has been a determination by the Office of Justice Programs or the agency on the merits of the complaint, in which case such remedies shall be deemed exhausted at the time the determination becomes final.
(B) In any civil action brought by a private person to enforce compliance with any provision of this subsection, the court may grant to a prevailing plaintiff reasonable attorney fees, unless the court determines that the lawsuit is frivolous, vexatious, brought for harassment purposes, or brought principally for the purpose of gaining attorney fees.
(C) In any action instituted under this section to enforce compliance with paragraph (1), the Attorney General, or a specially designated assistant for or in the name of the United States, may intervene upon timely application if he certifies that the action is of general public importance. In such action the United States shall be entitled to the same relief as if it had instituted the action.
(
Prior Provisions
Provisions similar to this section were contained in former
A prior section 809 of
Amendments
1994—Subsec. (c)(2)(H).
1984—Subsec. (a).
Subsec. (c).
Effective Date of 1984 Amendment
Amendment by section 609B(h) of
Section Referred to in Other Sections
This section is referred to in
§3789e. Report to President and Congress
Not later than April 1 of each year, the Assistant Attorney General, the Director of the Bureau of Justice Assistance, the Director of the Bureau of Justice Statistics, and the Director of the National Institute of Justice shall each submit a report to the President and to the Speaker of the House of Representatives and the President of the Senate, on their activities under this chapter during the fiscal year next preceding such date.
(
Prior Provisions
A prior section 810 of
Amendments
1984—
Effective Date of 1984 Amendment
Amendment by section 609B(i) of
Transfer of Functions
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
§3789f. Other administrative provisions
(a) Recordkeeping requirement; scope of disclosure; other sources of funds
Each recipient of funds under this chapter shall keep such records as the Office of Justice Programs shall prescribe, including records which fully disclose the amount and disposition by such recipient of the funds, the total cost of the project or undertaking for which such funds are used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.
(b) Access to records for audit and examination
The Office of Justice Programs or any of its duly authorized representatives, shall have access for purpose of audit and examination of any books, documents, papers, and records of the recipients of funds under this chapter which in the opinion of the Office of Justice Programs may be related or pertinent to the grants, contracts, subcontracts, subgrants, or other arrangements referred to under this chapter.
(c) Audit and examination period after completion of program or project
The Comptroller General of the United States or any of his duly authorized representatives, shall, until the expiration of three years after the completion of the program or project with which the assistance is used, have access for the purpose of audit and examination to any books, documents, papers, and records of recipients of Federal funds under this chapter which in the opinion of the Comptroller General may be related or pertinent to the grants, contracts, subcontracts, subgrants, or other arrangements referred to under this chapter.
(d) Recipients of assistance subject to provisions of section
The provisions of this section shall apply to all recipients of assistance under this chapter, whether by direct grant, cooperative agreement, or contract under this chapter or by subgrant or subcontract from primary grantees or contractors under this chapter.
(e) Revolving fund for acquisition of stolen goods and property within Bureau of Justice Assistance
There is hereby established within the Bureau of Justice Assistance a revolving fund for the purpose of supporting projects that will acquire stolen goods and property in an effort to disrupt illicit commerce in such goods and property. Notwithstanding any other provision of law, any income or royalties generated from such projects together with income generated from any sale or use of such goods or property, where such goods or property are not claimed by their lawful owner, shall be paid into the revolving fund. Where a party establishes a legal right to such goods or property, the Administrator of the fund may in his discretion assert a claim against the property or goods in the amount of Federal funds used to purchase such goods or property. Proceeds from such claims shall be paid into the revolving fund. The Administrator is authorized to make disbursements by appropriate means, including grants, from the fund for the purpose of this section.
(
Prior Provisions
A prior section 811 of
Amendments
1994—Subsec. (e).
1984—Subsecs. (a), (b).
Subsecs. (d) to (f).
Effective Date of 1984 Amendment
Amendment by section 609B(j) of
Section Referred to in Other Sections
This section is referred to in
§3789g. Confidentiality of information
(a) Research or statistical information; immunity from process; prohibition against admission as evidence or use in any proceedings
Except as provided by Federal law other than this chapter, no officer or employee of the Federal Government, and no recipient of assistance under the provisions of this chapter shall 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 it 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.
(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
All criminal history information collected, stored, or disseminated through support under this chapter shall contain, to the maximum extent feasible, disposition as well as arrest data where arrest data is included therein. The collection, storage, and dissemination of such information shall take place under procedures reasonably designed to insure that all such information is kept current therein; the Office of Justice Programs shall assure that the security and privacy of all information is adequately provided for and that information shall only be used for law enforcement and criminal justice and other lawful purposes. In addition, an individual who believes that criminal history information concerning him contained in an automated system is inaccurate, incomplete, or maintained in violation of this chapter, shall, upon satisfactory verification of his identity, be entitled to review such information and to obtain a copy of it for the purpose of challenge or correction.
(c) Criminal intelligence systems and information; prohibition against violation of privacy and constitutional rights of individuals
All criminal intelligence systems operating through support under this chapter shall collect, maintain, and disseminate criminal intelligence information in conformance with policy standards which are prescribed by the Office of Justice Programs and which are written to assure that the funding and operation of these systems furthers the purpose of this chapter and to assure that such systems are not utilized in violation of the privacy and constitutional rights of individuals.
(d) Violations; fine as additional penalty
Any person violating the provisions of this section, or of any rule, regulation, or order issued thereunder, shall be fined not to exceed $10,000, in addition to any other penalty imposed by law.
(
Prior Provisions
A prior section 812 of
Amendments
1984—Subsecs. (b), (c).
Effective Date of 1984 Amendment
Amendment by section 609B(k) of
Section Referred to in Other Sections
This section is referred to in
§3789h. Repealed. Pub. L. 98–473, title II, §609B(e), (l), Oct. 12, 1984, 98 Stat. 2093 , 2096
Section,
Effective Date of Repeal
Repeal effective Oct. 12, 1984, see section 609AA(a) of
§3789i. Administration of juvenile delinquency programs
The Director of the National Institute of Justice and the Director of the Bureau of Justice Statistics shall work closely with the Administrator of the Office of Juvenile Justice and Delinquency Prevention in developing and implementing programs in the juvenile justice and delinquency prevention field.
(
Prior Provisions
A prior section 813 of
Amendments
1984—
Effective Date of 1984 Amendment
Amendment by section 609B(m) of
§3789j. Prohibition on land acquisition
No funds under this chapter shall be used for land acquisition.
(
Prior Provisions
A prior section 814 of
§3789k. Prohibition on use of Central Intelligence Agency services
Notwithstanding any other provision of this chapter, no use will be made of services, facilities, or personnel of the Central Intelligence Agency.
(
Prior Provisions
A prior section 815 of
§3789l. Indian liability waiver
Where a State does not have an adequate forum to enforce grant provisions imposing liability on Indian tribes, the Assistant Attorney General is authorized to waive State liability and may pursue such legal remedies as are necessary.
(
Prior Provisions
A prior section 816 of
Amendments
1984—
Effective Date of 1984 Amendment
Amendment by section 609B(n) of
§3789m. District of Columbia matching fund source
Funds appropriated by the Congress for the activities of any agency of the District of Columbia government or the United States Government performing law enforcement functions in and for the District of Columbia may be used to provide the non-Federal share of the cost of programs or projects funded under this chapter.
(
Prior Provisions
A prior section 817 of
§3789n. Limitation on civil justice matters
Authority of any entity established under this chapter shall extend to civil justice matters only to the extent that such civil justice matters bear directly and substantially upon criminal justice matters or are inextricably intertwined with criminal justice matters.
(
Prior Provisions
A prior section 818 of
§3789o. Repealed. Pub. L. 98–473, title II, §609B(e), Oct. 12, 1984, 98 Stat. 2093
Section,
SUBCHAPTER IX—DEFINITIONS
§3791. General provisions
(a) Definitions
As used in this chapter—
(1) "criminal justice" means activities pertaining to crime prevention, control, or reduction, or the enforcement of the criminal law, including, but not limited to, police efforts to prevent, control, or reduce crime or to apprehend criminals, including juveniles, activities of courts having criminal jurisdiction, and related agencies (including but not limited to prosecutorial and defender services, juvenile delinquency agencies and pretrial service or release agencies), activities of corrections, probation, or parole authorities and related agencies assisting in the rehabilitation, supervision, and care of criminal offenders, and programs relating to the prevention, control, or reduction of narcotic addiction and juvenile delinquency;
(2) "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: Provided, That for the purpose of
(3) "unit of local government" means—
(A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State;
(B) any law enforcement district or judicial enforcement district that—
(i) is established under applicable State law; and
(ii) has the authority to, in a manner independent of other State entities, establish a budget and impose taxes;
(C) an Indian Tribe (as that term is defined in
(D) for the purposes of assistance eligibility, any agency of the government of the District of Columbia or the Federal Government that performs law enforcement functions in and for—
(i) the District of Columbia; or
(ii) any Trust Territory of the United States;
(4) "construction" means the erection, acquisition, renovation, repairs, remodeling, or expansion of new or existing buildings or other physical facilities, and the acquisition or installation of initial equipment therefor;
(5) "combination" as applied to States or units of local government means any grouping or joining together of such States or units for the purpose of preparing, developing, or implementing a criminal justice program or project;
(6) "public agency" means any State, unit of local government, combination of such States or units, or any department, agency, or instrumentality of any of the foregoing;
(7) "correctional facility" means any place for the confinement or rehabilitation of offenders or individuals charged with or convicted of criminal offenses;
(8) "correctional facility project" means a project for the construction, replacement, alteration or expansion of a prison or jail for the purpose of relieving overcrowding or substandard conditions;
(9) "criminal history information" includes records and related data, contained in an automated or manual criminal justice informational system, compiled by law enforcement agencies for the purpose of identifying criminal offenders and alleged offenders and maintaining as to such persons records of arrests, the nature and disposition of criminal charges, sentencing, confinement, rehabilitation, and release;
(10) "evaluation" means the administration and conduct of studies and analyses to determine the impact and value of a project or program in accomplishing the statutory objectives of this chapter;
(11) "neighborhood or community-based organizations" means organizations which are representative of communities or significant segments of communities;
(12) "chief executive" means the highest official of a State or local jurisdiction;
(13) "cost of construction" means all expenses found by the Director to be necessary for the construction of the project, including architect and engineering fees, but excluding land acquisition costs;
(14) "population" means total resident population based on data compiled by the United States Bureau of the Census and referable to the same point or period in time;
(15) "Attorney General" means the Attorney General of the United States or his designee;
(16) "court of last resort" means that State court having the highest and final appellate authority of the State. In States having two or more such courts, court of last resort shall mean that State court, if any, having highest and final appellate authority, as well as both administrative responsibility for the State's judicial system and the institutions of the State judicial branch and rulemaking authority. In other States having two or more courts with highest and final appellate authority, court of last resort shall mean the highest appellate court which also has either rulemaking authority or administrative responsibility for the State's judicial system and the institutions of the State judicial branch. Except as used in the definition of the term "court of last resort" the term "court" means a tribunal recognized as a part of the judicial branch of a State or of its local government units;
(17) "institution of higher education" means any such institution as defined by
(18) "white-collar crime" means an illegal act or series of illegal acts committed by nonphysical means and by concealment or guile, to obtain money or property, to avoid the payment or loss of money or property, or to obtain business or personal advantage;
(19) "proven effectiveness" means that a program, project, approach, or practice has been shown by analysis of performance and results to make a significant contribution to the accomplishment of the objectives for which it was undertaken or to have a significant effect in improving the condition or problem it was undertaken to address;
(20) "record of proven success" means that a program, project, approach, or practice has been demonstrated by evaluation or by analysis of performance data and information to be successful in a number of jurisdictions or over a period of time in contributing to the accomplishment of objectives or to improving conditions identified with the problem, to which it is addressed;
(21) "high probability of improving the criminal justice system" means that a prudent assessment of the concepts and implementation plans included in a proposed program, project, approach, or practice, together with an assessment of the problem to which it is addressed and of data and information bearing on the problem, concept, and implementation plan, provides strong evidence that the proposed activities would result in identifiable improvements in the criminal justice system if implemented as proposed;
(22) "correctional option" includes community-based incarceration, weekend incarceration, boot camp prison, electronic monitoring of offenders, intensive probation, and any other innovative punishment designed to have the greatest impact on offenders who can be punished more effectively in an environment other than a traditional correctional facility;
(23) "boot camp prison" includes a correctional facility in which inmates are required to participate in a highly regimented program that provides strict discipline, physical training, and hard labor, together with extensive rehabilitative activities and with educational, job training, and drug treatment support;
(24) the term "young offender" means a non-violent first-time offender or a non-violent offender with a minor criminal record who is 22 years of age or younger (including juveniles); and
(25) the term "residential substance abuse treatment program" means a course of individual and group activities, lasting between 6 and 12 months, in residential treatment facilities set apart from the general prison population—
(A) directed at the substance abuse problems of the prisoner; and
(B) intended to develop the prisoner's cognitive, behavioral, social, vocational, and other skills so as to solve the prisoner's substance abuse and related problems.
(b) Data basis for definitions; reflection of technical changes or modifications
Where appropriate, the definitions in subsection (a) of this section shall be based, with respect to any fiscal year, on the most recent data compiled by the United States Bureau of the Census and the latest published reports of the Office of Management and Budget available ninety days prior to the beginning of such fiscal year. The Office may by regulation change or otherwise modify the meaning of the terms defined in subsection (a) of this section in order to reflect any technical change or modification thereof made subsequent to such date by the United States Bureau of the Census or the Office of Management and Budget.
(c) Designation of public agencies for undertaking a program or project
One or more public agencies, including existing local public agencies, may be designated by the chief executive officer of a State or a unit of local government to undertake a program or project in whole or in part.
(
Prior Provisions
A prior
A prior section 901 of
A prior
Amendments
1998—Subsec. (a)(3).
Subsec. (a)(17).
1994—Subsec. (a)(3).
Subsec. (a)(21).
Subsec. (a)(22).
Subsec. (a)(23).
Subsec. (a)(24).
Subsec. (a)(25).
1990—Subsec. (a)(22), (23).
1989—Subsec. (a)(2).
1988—Subsec. (a)(2).
1986—Subsec. (a)(2).
Subsec. (a)(3).
1984—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (a)(13).
Subsecs. (a)(17), (b).
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
1 So in original. Probably should be capitalized.
2 So in original. The period probably should be a semicolon.
SUBCHAPTER X—FUNDING
§3793. Authorization of appropriations
(a)(1) There is authorized to be appropriated $30,000,000 for fiscal year 1992 and $33,000,000 for each of the fiscal years 1994 and 1995 to carry out the functions of the Bureau of Justice Statistics.
(2) There is authorized to be appropriated $30,000,000 for fiscal year 1992 and $33,000,000 for each of the fiscal years 1994 and 1995 to carry out the functions of the National Institute of Justice.
(3) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992 and $28,000,000 for each of the fiscal years 1994 and 1995 to carry out the remaining functions of the Office of Justice Programs and the Bureau of Justice Assistance other than functions under subchapters IV, V, VI, VII, XII, XII–A, XII–B, XII–C, XII–D, XII–E, XII–F, XII–G, XII–H, XII–I, XII–J,1 XII–K, and XII–L of this chapter.
(4) There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out subchapter XII of this chapter.
(5) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992 and $1,000,000,000 for each of the fiscal years 1994 and 1995 to carry out the programs under subchapters IV and V (other than subpart 2 of part B) 2 (other than subpart 2 of part B of subchapter V) of this chapter.
(6) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992, $245,000,000 for fiscal year 1993, and such sums as may be necessary for fiscal year 3 1994 and 1995 to carry out subpart 2 of part B of subchapter V of this chapter.
(7) There are authorized to be appropriated to carry out subchapter XII–B of this chapter—
(A) $250,000 for fiscal year 1996;
(B) $1,000,000 for fiscal year 1997;
(C) $1,000,000 for fiscal year 1998;
(D) $1,000,000 for fiscal year 1999; and
(E) $1,000,000 for fiscal year 2000.
(8) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992, $16,500,000 for fiscal year 1993, and such sums as may be necessary for fiscal year 3 1994 and 1995.
(9) There are authorized to be appropriated to carry out subchapter XII–C of this chapter—
(A) $24,000,000 for fiscal year 1996;
(B) $40,000,000 for fiscal year 1997;
(C) $50,000,000 for fiscal year 1998;
(D) $60,000,000 for fiscal year 1999; and
(E) $66,000,000 for fiscal year 2000.
(10) There are 4 authorized to be appropriated $10,000,000 for each of the fiscal years 1994, 1995, and 1996 to carry out projects under subchapter XII–D of this chapter.
(11)(A) There are authorized to be appropriated to carry out subchapter XII–E of this chapter, to remain available until expended—
(i) $1,332,000,000 for fiscal year 1995;
(ii) $1,850,000,000 for fiscal year 1996;
(iii) $1,950,000,000 for fiscal year 1997;
(iv) $1,700,000,000 for fiscal year 1998;
(v) $1,700,000,000 for fiscal year 1999; and
(vi) $268,000,000 for fiscal year 2000.
(B) Of funds available under subchapter XII–E of this chapter in any fiscal year, up to 3 percent may be used for technical assistance under
(16) 5 There are authorized to be appropriated to carry out projects under subchapter XII–F of this chapter—
(A) $20,000,000 for fiscal year 1996;
(B) $25,000,000 for fiscal year 1997;
(C) $30,000,000 for fiscal year 1998;
(D) $35,000,000 for fiscal year 1999; and
(E) $40,000,000 for fiscal year 2000.
(17) There are authorized to be appropriated to carry out the projects under subchapter XII–G of this chapter—
(A) $27,000,000 for fiscal year 1996;
(B) $36,000,000 for fiscal year 1997;
(C) $63,000,000 for fiscal year 1998;
(D) $72,000,000 for fiscal year 1999; and
(E) $72,000,000 for fiscal year 2000.
(18) There are authorized to be appropriated to carry out subchapter XII–H of this chapter—
(A) $26,000,000 for fiscal year 1995;
(B) $130,000,000 for fiscal year 1996;
(C) $145,000,000 for fiscal year 1997;
(D) $160,000,000 for fiscal year 1998;
(E) $165,000,000 for fiscal year 1999; and
(F) $174,000,000 for fiscal year 2000.
(19) There are authorized to be appropriated to carry out subchapter XII–I of this chapter—
(A) $28,000,000 for fiscal year 1996;
(B) $33,000,000 for fiscal year 1997; and
(C) $59,000,000 for fiscal year 1998.
(20) Repealed.
(21) There are authorized to be appropriated to carry out subchapter XII–K of this chapter—
(1) $2,500,000 for fiscal year 1996;
(2) $4,000,000 for fiscal year 1997;
(3) $5,000,000 for fiscal year 1998;
(4) $6,000,000 for fiscal year 1999; and
(5) $7,500,000 for fiscal year 2000.
(22) There are authorized to be appropriated to carry out subchapter XII–L of this chapter—
(1) $1,000,000 for fiscal year 1996;
(2) $3,000,000 for fiscal year 1997;
(3) $5,000,000 for fiscal year 1998;
(4) $13,500,000 for fiscal year 1999; and
(5) $17,500,000 for fiscal year 2000.
(23) There are authorized to be appropriated to carry out subchapter XII–M of this chapter, $25,000,000 for each of fiscal years 1999 through 2001.
(b) Funds appropriated for any fiscal year may remain available for obligation until expended.
(c) Notwithstanding any other provision of law, no funds appropriated under this section for subchapter V of this chapter may be transferred or reprogrammed for carrying out any activity which is not authorized under such subchapter.
(
References in Text
Subchapter XII–J of this chapter, referred to in subsec. (a)(3), was repealed by
Prior Provisions
A prior section 3793,
A prior section 1001 of
Amendments
1998—Subsec. (a)(23).
1996—Subsec. (a)(20).
"(A) $100,000,000 for fiscal year 1995;
"(B) $150,000,000 for fiscal year 1996;
"(C) $150,000,000 for fiscal year 1997;
"(D) $200,000,000 for fiscal year 1998;
"(E) $200,000,000 for fiscal year 1999; and
"(F) $200,000,000 for fiscal year 2000."
1994—Subsec. (a)(1), (2).
Subsec. (a)(3).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (a)(9).
Subsec. (a)(11).
Subsec. (a)(16).
Subsec. (a)(17).
Subsec. (a)(18).
Subsec. (a)(19).
Subsec. (a)(20).
Subsec. (a)(21).
Subsec. (a)(22).
Subsec. (c).
1992—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (a)(9).
Subsec. (a)(10).
1990—Subsec. (a)(3).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(7).
Subsec. (b).
1988—
1986—Subsec. (a)(3).
Subsec. (a)(6), (7).
Subsec. (b).
1984—
Effective Date of 1994 Amendment
Amendment by section 210302(c)(3) of
Effective Date of 1984 Amendment
Amendment by
Use of Funds Available Under Former Subsection (a)(20)
Section 101[(a)] [title I, §114(b)(1)(B)(ii)] of
Financial Support for Programs, etc., Devoted to International Aspects of Crime Prevention and Criminal Justice
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
2 So in original. Phrase "(other than subpart 2 of part B)" probably should not appear.
3 So in original. Probably should be "years".
4 So in original. Probably should be "is".
5 So in original. No pars. (12) to (15) have been enacted.
§§3793a, 3793b. Repealed. Pub. L. 98–473, title II, §609D(b), Oct. 12, 1984, 98 Stat. 2097
Section 3793a,
A prior section 1002 of
Section 3793b,
Effective Date of Repeal
Repeal effective Oct. 12, 1984, see section 609AA(a) of
SUBCHAPTER XI—CRIMINAL PENALTIES
§3795. Misuse of Federal assistance
Whoever embezzles, willfully misapplies, steals, or obtains by fraud or endeavors to embezzle, willfully misapply, steal, or obtain by fraud any funds, assets, or property which are the subject of a grant or contract or other form of assistance pursuant to this chapter, whether received directly or indirectly from the Office of Justice Programs, Bureau of Justice Assistance, the National Institute of Justice, the Bureau of Justice Statistics, or whoever receives, conceals, or retains such funds, assets or property with intent to convert such funds, assets or property to his use or gain, knowing such funds, assets, or property has been embezzled, willfully misapplied, stolen or obtained by fraud, shall be fined not more than $10,000 or imprisoned for not more than five years, or both.
(
Prior Provisions
A prior section 3795,
A prior section 1101 of
Amendments
1984—
Effective Date of 1984 Amendment
Amendment by
§3795a. Falsification or concealment of facts
Whoever knowingly and willfully falsifies, conceals, or covers up by trick, scheme, or device, any material fact in any application for assistance submitted pursuant to this chapter or in any records required to be maintained pursuant to this chapter shall be subject to prosecution under the provisions of
(
Prior Provisions
Provisions similar to this section were contained in former
§3795b. Conspiracy to commit offense against United States
Any law enforcement or criminal justice program or project underwritten, in whole or in part, by any grant, or contract or other form of assistance pursuant to this chapter, whether received directly or indirectly from the Office of Justice Programs, Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics shall be subject to the provisions of
(
Prior Provisions
Provisions similar to this section were contained in former
Amendments
1984—
Effective Date of 1984 Amendment
Amendment by
SUBCHAPTER XII—PUBLIC SAFETY OFFICERS' DEATH BENEFITS
Subchapter Referred to in Other Sections
This subchapter is referred to in
Part A—Death Benefits
Part Referred to in Other Sections
This part is referred to in
§3796. Payment of death benefits
(a) Amount; recipients
In any case in which the Bureau of Justice Assistance (hereinafter in this subchapter referred to as the "Bureau") determines, under regulations issued pursuant to this subchapter, that a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty, the Bureau shall pay a benefit of $100,000, adjusted in accordance with subsection (h) of this section, as follows:
(1) if there is no surviving child of such officer, to the surviving spouse of such officer;
(2) if there is a surviving child or children and a surviving spouse, one-half to the surviving child or children of such officer in equal shares and one-half to the surviving spouse;
(3) if there is no surviving spouse, to the child or children of such officer in equal shares; or
(4) if none of the above, to the parent or parents of such officer in equal shares.
(b) Benefits for permanent and total disability
In accordance with regulations issued pursuant to this subchapter, in any case in which the Bureau determines that a public safety officer has become permanently and totally disabled as the direct result of a catastrophic injury sustained in the line of duty, the Bureau shall pay, to the extent that appropriations are provided, the same benefit in any year that is payable under subsection (a) of this section in such year, adjusted in accordance with subsection (h) of this section, to such officer: Provided, That the total annual benefits paid under this subsection may not exceed $5,000,000. For the purposes of making these benefit payments, there are authorized to be appropriated for each fiscal year such sums as may be necessary: Provided further, That these benefit payments are subject to the availability of appropriations and that each beneficiary's payment shall be reduced by a proportionate share to the extent that sufficient funds are not appropriated.
(c) Interim benefit payment
Whenever the Bureau determines upon showing of need and prior to final action that the death of a public safety officer is one with respect to which a benefit will probably be paid, the Bureau may make an interim benefit payment not exceeding $3,000 to the individual entitled to receive a benefit under subsection (a) of this section.
(d) Deduction of interim payment
The amount of an interim payment under subsection (c) of this section shall be deducted from the amount of any final benefit paid to such individual.
(e) Repayment of interim payment; waiver
Where there is no final benefit paid, the recipient of any interim payment under subsection (c) of this section shall be liable for repayment of such amount. The Bureau may waive all or part of such repayment, considering for this purpose the hardship which would result from such repayment.
(f) Reductions from final benefit payment
The benefit payable under this subchapter shall be in addition to any other benefit that may be due from any other source, except—
(1) payments authorized by section 12(k) of the Act of September 1, 1916, as amended (D.C. Code, sec. 4–622); or
(2) benefits authorized by
(g) Execution or attachment prohibited
No benefit paid under this subchapter shall be subject to execution or attachment.
(h) Consumer Price Index adjustment
On October 1 of each fiscal year beginning after June 1, 1988, the Bureau shall adjust the level of the benefit payable immediately before such October 1 under subsection (a) of this section, to reflect the annual percentage change in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics, occurring in the 1-year period ending on June 1 immediately preceding such October 1.
(i) Amount payable determined as of date of death
The amount payable under subsection (a) of this section with respect to the death of a public safety officer shall be the amount payable under subsection (a) of this section as of the date of death of such officer.
(j) Limitations on benefits
(1) No benefit is payable under this subchapter with respect to the death of a public safety officer if a benefit is paid under this subchapter with respect to the disability of such officer.
(2) No benefit is payable under this subchapter with respect to the disability of a public safety officer if a benefit is payable under this subchapter with respect to the death of such public safety officer.
(
Prior Provisions
A prior section 3796,
Another prior section 3796,
A prior section 1201 of
Amendments
1994—Subsec. (a).
Subsec. (b).
1992—Subsec. (b).
1990—Subsec. (b).
Subsec. (c).
Subsecs. (d), (e).
Subsecs. (f) to (i).
Subsec. (j).
1988—Subsec. (a).
Subsec. (a)(4).
Subsecs. (g), (h).
Effective Date of 1992 Amendment
Section 2 of
Effective Date of 1990 Amendment
Section 1303 of title XIII of
Effective Date of 1988 Amendment
Section 6105(e) of
Effective Date
Subchapter effective Oct. 1, 1984, and inapplicable with respect to injuries sustained before Oct. 1, 1984, see section 609AA(b)(1) of
Section Referred to in Other Sections
This section is referred to in
§3796a. Limitations on benefits
No benefit shall be paid under this subchapter—
(1) if the death or catastrophic injury was caused by the intentional misconduct of the public safety officer or by such officer's intention to bring about his death or catastrophic injury;
(2) if the public safety officer was voluntarily intoxicated at the time of his death or catastrophic injury;
(3) if the public safety officer was performing his duties in a grossly negligent manner at the time of his death or catastrophic injury;
(4) to any individual who would otherwise be entitled to a benefit under this subchapter if such individual's actions were a substantial contributing factor to the death or catastrophic injury of the public safety officer; or
(5) to any individual employed in a capacity other than a civilian capacity.
(
Prior Provisions
A prior section 3796a,
Another prior section 3796a,
A prior section 1202 of
Amendments
1990—Pars. (1) to (4).
Effective Date of 1990 Amendment
Amendment by
§3796a–1. National programs for families of public safety officers who have died in line of duty
The Director is authorized to use no less than $150,000 of the funds appropriated for this subchapter to maintain and enhance national peer support and counseling programs to assist families of public safety officers who have died in the line of duty.
(
Prior Provisions
A prior section 1203 of
Another prior section 1203 of
Amendments
1998—
Transfer of Functions
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
§3796b. Definitions
As used in this subchapter—
(1) "catastrophic injury" means consequences of an injury that permanently prevent an individual from performing any gainful work;
(2) "child" means any natural, illegitimate, adopted, or posthumous child or stepchild of a deceased public safety officer who, at the time of the public safety officer's death, is—
(i) 18 years of age or under;
(ii) over 18 years of age and a student as defined in
(iii) over 18 years of age and incapable of self-support because of physical or mental disability;
(3) "firefighter" includes an individual serving as an officially recognized or designated member of a legally organized volunteer fire department and an officially recognized or designated public employee member of a rescue squad or ambulance crew;
(4) "intoxication" means a disturbance of mental or physical faculties resulting from the introduction of alcohol into the body as evidenced by—
(i) a post-mortem blood alcohol level of .20 per centum or greater; or
(ii) a post-mortem blood alcohol level of at least .10 per centum but less than .20 per centum unless the Bureau receives convincing evidence that the public safety officer was not acting in an intoxicated manner immediately prior to his death;
or resulting from drugs or other substances in the body;
(5) "law enforcement officer" means an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the laws, including, but not limited to, police, corrections, probation, parole, and judicial officers;
(6) "public agency" means the United States, any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States, or any unit of local government, department, agency, or instrumentality of any of the foregoing; and
(7) "public safety officer" means an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, a firefighter, or rescue squad or ambulance crew 1
(
Codification
Prior Provisions
A prior section 3796b,
Another prior section 3796b,
A prior section 1204 of
Amendments
1994—Par. (3).
1990—Par. (1).
Par. (2).
Pars. (3) to (7).
1988—Pars. (2) to (7).
1986—
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by section 6105(d) of
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Section Referred to in Other Sections
This section is referred to in title 26 section 101; title 28 section 1863.
1 So in original. Probably should be followed by a period.
§3796c. Administrative provisions
(a) Rules, regulations, and procedures
The Bureau is authorized to establish such rules, regulations, and procedures as may be necessary to carry out the purposes of this subchapter. Such rules, regulations, and procedures will be determinative of conflict of laws issues arising under this subchapter. Rules, regulations, and procedures issued under this subchapter may include regulations governing the recognition of agents or other persons representing claimants under this subchapter before the Bureau. The Bureau may prescribe the maximum fees which may be charged for services performed in connection with any claim under this subchapter before the Bureau, and any agreement in violation of such rules and regulations shall be void.
(b) Use of State and local administrative and investigative assistance
In making determinations under
(c) Use of appropriated funds to conduct appeals
Notwithstanding any other provision of law, the Bureau is authorized to use appropriated funds to conduct appeals of public safety officers' death and disability claims.
(
Prior Provisions
A prior section 3796c,
Another prior section 3796c,
Amendments
1998—Subsec. (c).
Part B—Educational Assistance to Dependents of Civilian Federal Law Enforcement Officers Killed or Disabled in Line of Duty
§3796d. Purposes
The purposes of this part are—
(1) to enhance the appeal of service in public safety agencies;
(2) to extend the benefits of higher education to qualified and deserving persons who, by virtue of the death of or total disability of an eligible officer, may not be able to afford it otherwise; and
(3) to allow the family members of eligible officers to attain the vocational and educational status which they would have attained had a parent or spouse not been killed or disabled in the line of duty.
(
Amendments
1998—Par. (1).
§3796d–1. Basic eligibility
(a) Benefits
(1) Subject to the availability of appropriations, the Attorney General shall provide financial assistance to a dependent who attends a program of education and is—
(A) the child of any eligible public safety officer under part A of this subchapter; or
(B) the spouse of an officer described in subparagraph (A) at the time of the officer's death or on the date of a totally and permanently disabling injury.
(2) Except as provided in paragraph (3), financial assistance under this part shall consist of direct payments to an eligible dependent and shall be computed on the basis set forth in
(3) The financial assistance referred to in paragraph (2) shall be reduced by the sum of—
(A) the amount of educational assistance benefits from other Federal, State, or local governmental sources to which the eligible dependent would otherwise be entitled to receive; and
(B) the amount, if any, determined under
(b) Duration of benefits
No dependent shall receive assistance under this part for a period in excess of forty-five months of full-time education or training or a proportional period of time for a part-time program.
(c) Age limitation for dependent children
No dependent child shall be eligible for assistance under this part after the child's 27th birthday absent a finding by the Attorney General of extraordinary circumstances precluding the child from pursuing a program of education.
(
Amendments
1998—Subsec. (a)(1)(A).
Subsec. (a)(2).
Subsec. (a)(3).
§3796d–2. Applications; approval
(a) Application
A person seeking assistance under this part shall submit an application to the Attorney General in such form and containing such information as the Attorney General reasonably may require.
(b) Approval
The Attorney General shall approve an application for assistance under this part unless the Attorney General finds that—
(1) the dependent is not eligible for, is no longer eligible for, or is not entitled to the assistance for which application is made;
(2) the dependent's selected educational institution fails to meet a requirement under this part for eligibility;
(3) the dependent's enrollment in or pursuit of the educational program selected would fail to meet the criteria established in this part for programs; or
(4) the dependent already is qualified by previous education or training for the educational, professional, or vocational objective for which the educational program is offered.
(c) Notification
The Attorney General shall notify a dependent applying for assistance under this part of approval or disapproval of the application in writing.
(
Section Referred to in Other Sections
This section is referred to in
§3796d–3. Regulations
(a) In general
The Attorney General may promulgate reasonable and necessary regulations to implement this part.
(b) Sliding scale
Notwithstanding
(
Amendments
1998—
Section Referred to in Other Sections
This section is referred to in
§3796d–4. Discontinuation for unsatisfactory conduct or progress
The Attorney General may discontinue assistance under this part when the Attorney General finds that, according to the regularly prescribed standards and practices of the educational institution, the recipient fails to maintain satisfactory progress as described in
(
§3796d–5. Special rule
(a) Retroactive eligibility
Notwithstanding any other provision of law, each dependent of a Federal law enforcement officer killed in the line of duty on or after May 1, 1992, and each dependent of a public safety officer killed in the line of duty on or after October 1, 1997, shall be eligible for assistance under this part, subject to the other limitations of this part.
(b) Retroactive assistance
The Attorney General may provide retroactive assistance to dependents eligible under this section for each month in which the dependent pursued a program of education at an eligible educational institution. The Attorney General shall apply the limitations contained in this part to retroactive assistance.
(c) Prospective assistance
The Attorney General may provide prospective assistance to dependents eligible under this section on the same basis as assistance to dependents otherwise eligible. In applying the limitations on assistance under this part, the Attorney General shall include assistance provided retroactively. A dependent eligible under this section may waive retroactive assistance and apply only for prospective assistance on the same basis as dependents otherwise eligible.
(
Amendments
1998—Subsec. (a).
§3796d–6. Definitions
For purposes of this part:
(1) The term "Attorney General" means the Attorney General of the United States.
(2) The term "program of education" means any curriculum or any combination of unit courses or subjects pursued at an eligible educational institution, which generally is accepted as necessary to fulfill requirements for the attainment of a predetermined and identified educational, professional, or vocational objective. It includes course work for the attainment of more than one objective if in addition to the previous requirements, all the objectives generally are recognized as reasonably related to a single career field.
(3) The term "eligible educational institution" means an institution which—
(A) is described in section 481 of the Higher Education Act of 1965 (
(B) is eligible to participate in programs under title IV of such Act [
(
References in Text
The Higher Education Act of 1965, referred to in par. (3)(B), is
Amendments
1998—Pars. (2) to (4).
§3796d–7. Authorization of appropriations
There are authorized to be appropriated to carry out this part such sums as may be necessary.
(
SUBCHAPTER XII–A—REGIONAL INFORMATION SHARING SYSTEMS
Prior Provisions
A prior subchapter XII–A, consisted of sections 3796h to 3796s, related to grants for law enforcement programs, prior to repeal by
Section 3796h,
A prior section 1301 of
Section 3796i,
Section 3796j,
Section 3796k,
Section 3796l,
Section 3796m,
Section 3796n,
Section 3796o,
Section 3796p,
Section 3796q,
Section 3796r,
Section 3796s,
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3796h. Regional information sharing systems grants
(a) Authority of Director
The Director of the Bureau of Justice Assistance is authorized to make grants and enter into contracts with State and local criminal justice agencies and nonprofit organizations for the purposes of identifying, targeting, and removing criminal conspiracies and activities spanning jurisdictional boundaries.
(b) Purposes
Grants and contracts awarded under this subchapter shall be made for—
(1) maintaining and operating information sharing systems that are responsive to the needs of participating enforcement agencies in addressing multijurisdictional offenses and conspiracies, and that are capable of providing controlling input, dissemination, rapid retrieval, and systematized updating of information to authorized agencies;
(2) establishing and operating an analytical component to assist participating agencies and projects in the compilation, interpretation, and presentation of information provided to a project;
(3) establishing and maintaining a telecommunication of the information sharing and analytical programs in clauses (1) and (2); and
(4) other programs designated by the Director that are designed to further the purposes of this subchapter.
(c) Rules and regulations
The Director is authorized to promulgate such rules and regulations as are necessary to carry out the purposes of this section, including rules and regulations for submitting and reviewing applications.
(
Prior Provisions
A prior section 1301 of
Another prior section 1301 of
For other prior sections 1301 of
Transfer of Functions
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
SUBCHAPTER XII–B—GRANTS FOR CLOSED-CIRCUIT TELEVISING OF TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3796aa. Function of Director
The Director shall provide funds to eligible States and units of local government pursuant to this subchapter.
(
Prior Provisions
A prior section 1401 of
Another prior section 1401 of
Transfer of Functions
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
§3796aa–1. Description of grant program
The Director is authorized to make grants to provide equipment and personnel training for the closed-circuit televising and video taping of the testimony of children in criminal proceedings for the violation of laws relating to the abuse of children.
(
Amendments
1994—
Transfer of Functions
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
Section Referred to in Other Sections
This section is referred to in
§3796aa–2. Applications to receive grants
To request a grant under
(1) a certification that Federal funds made available under
(2) a certification that funds required to pay the non-Federal portion of the cost of equipment and personnel training for which such grant is made shall be in addition to funds that would otherwise be made available by the recipients of grant funds for criminal proceedings for the violation of laws relating to the abuse of children.
(
Amendments
1994—
"(3) an assurance that the State application described in this section, and any amendment to such application, has been submitted for review to the State legislature or its designated body (for purposes of this section, such application or amendment shall be deemed to be reviewed if the State legislature or such body does not review such application or amendment within the 60-day period beginning on the date such application or amendment is so submitted); and
"(4) an assurance that the State application and any amendment thereto was made public before submission to the Bureau and, to the extent provided under State law or established procedure, an opportunity to comment thereon was provided to citizens and to neighborhood and community groups."
Transfer of Functions
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
Section Referred to in Other Sections
This section is referred to in
§3796aa–3. Review of applications
(a) Eligibility for grants
An applicant is eligible to receive a grant under this subchapter if—
(1) the applicant certifies and the Director determines that there is in effect in the State a law that permits the closed-circuit televising and video taping of testimony of children in criminal proceedings for the violation of laws relating to the abuse of children;
(2) the applicant certifies and the Director determines that State law meets the following criteria:
(A) the judges determination that a child witness will be traumatized by the presence of the defendant must be made on a case-by-case basis;
(B) the trauma suffered must be more than de minimis;
(C) the child witness must give his/her statements under oath;
(D) the child witness must submit to cross-examination; and
(E) the finder of fact must be permitted to observe the demeanor of the child witness in making his or her statement and the defendant must be able to contemporaneously communicate with his defense attorney; and
(3) the Director determines that the application submitted under
(b) Applications deemed approved
Each application or amendment made and submitted for approval to the Director pursuant to
(c) Reconsideration of applications
The Director shall not finally disapprove any application, or any amendment thereto, submitted to the Director under this section without first affording the applicant reasonable notice and opportunity for reconsideration.
(
Amendments
1994—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(2)(E).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (b).
Subsec. (c).
Transfer of Functions
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
§3796aa–4. Repealed. Pub. L. 103–322, title IV, §40156(c)(5), Sept. 13, 1994, 108 Stat. 1924
Section,
§3796aa–5. Reports
(a) Each State or unit of local government that receives a grant under this subchapter shall submit to the Director, for each year in which any part of such grant is expended by a State or unit of local government, a report which contains—
(1) a summary of the activities carried out with such grant and an assessment of the impact of such activities on meeting the needs identified in the application submitted under
(2) such other information as the Director may require by rule.
Such report shall be submitted in such form and by such time as the Director may require by rule.
(b) Not later than 90 days after the end of each fiscal year for which grants are made under this subchapter, the Director shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report that includes with respect to each State—
(1) the aggregate amount of grants made under this chapter to the State and units of local government in the State for such fiscal year; and
(2) a summary of the information provided in compliance with subsection (a)(1) of this section.
(
Amendments
1994—Subsec. (a).
Subsec. (a)(1).
Subsec. (b)(1).
Transfer of Functions
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
§3796aa–6. Expenditure of grants; records
(a) Identified uses
A grant made under this subchapter may not be expended for more than 75 percent of the cost of the identified uses, in the aggregate, for which such grant is received to carry out
(b) Administration
Not more than 10 percent of a grant made under this subchapter may be used for costs incurred to administer such grant.
(c) Records
(1) Grant recipients (or private organizations with which grant recipients have contracted to provide equipment or training using grant funds) shall keep such records as the Director may require by rule to facilitate such an audit..1
(2) The Director 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 grant recipients (or private organizations with which grant recipients have contracted to provide equipment or training using grant funds) if, in the opinion of the Director or the Comptroller General, such books, documents, and records are related to the receipt or use of any such grant.
(d) Utilization of private sector
Nothing in this subchapter shall prohibit the utilization of any grant funds to contract with a private organization to provide equipment or training for the televising of testimony as contemplated by the application submitted by an applicant.
(
Amendments
1994—Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d).
Transfer of Functions
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
§3796aa–7. Repealed. Pub. L. 103–322, title IV, §40156(c)(8), Sept. 13, 1994, 108 Stat. 1924
Section,
§3796aa–8. Definitions
For purposes of this subchapter—
(1) the term "child" means an individual under the age of 18 years; and
(2) the term "abuse" means physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.
(
SUBCHAPTER XII–C—RURAL DRUG ENFORCEMENT
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3796bb. Rural drug enforcement assistance
(a) Of the total amount appropriated for this section in any fiscal year:
(1) 50 percent shall be allocated to and shared equally among rural States as described in subsection (b) of this section; and
(2) 50 percent shall be allocated to the remaining States for use in nonmetropolitan areas within those States, as follows:
(A) $250,000 to each nonrural State; and
(B) of the total funds remaining after the allocation in subparagraph (A), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described as the population of such State bears to the population of all States.
(b) For the purpose of this section, the term "rural State" means a State that has a population density of fifty-two or fewer persons per square mile or a State in which the largest county has fewer than one hundred and fifty thousand people, based on the decennial census of 1990 through fiscal year 1997.
(
Prior Provisions
A prior section 1501 of
Another prior section 1501 of
Amendments
1994—Subsec. (a)(2)(A).
Subsec. (b).
Section Referred to in Other Sections
This section is referred to in
§3796bb–1. Other requirements
Parts A and C of subchapter V of this chapter shall apply with respect to funds appropriated to carry out this subchapter, in the same manner as such parts apply to funds appropriated to carry out subchapter V of this chapter, except that—
(1)
(2) in addition to satisfying the requirements of
(
SUBCHAPTER XII–D—CRIMINAL CHILD SUPPORT ENFORCEMENT
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3796cc. Grant authorization
(a) In general
The Director of the Bureau of Justice Assistance may make grants under this subchapter to States, for the use by States, and local entities in the States to develop, implement, and enforce criminal interstate child support legislation and coordinate criminal interstate child support enforcement efforts.
(b) Uses of funds
Funds distributed under this subchapter shall be used to—
(1) develop a comprehensive assessment of existing criminal interstate child support enforcement efforts, including the identification of gaps in, and barriers to, the enforcement of such efforts;
(2) plan and implement comprehensive long-range strategies for criminal interstate child support enforcement;
(3) reach an agreement within the State regarding the priorities of such State in the enforcement of criminal interstate child support legislation;
(4) develop a plan to implement such priorities; and
(5) coordinate criminal interstate child support enforcement efforts.
(
Codification
Another section 1601 of
Prior Provisions
A prior section 1601 of
Transfer of Functions
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
Section Referred to in Other Sections
This section is referred to in
§3796cc–1. State applications
(a) In general
(1) To request a grant under this subchapter, the chief executive of a State shall submit an application to the Director in such form and containing such information as the Director may reasonably require.
(2) An application under paragraph (1) shall include assurances that Federal funds received under this subchapter shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subchapter.
(b) State office
The office designated under
(1) shall prepare the application required under this section; and
(2) shall administer grant funds received under this subchapter, including, review of spending, processing, progress, financial reporting, technical assistance, grant adjustments, accounting, auditing, and fund disbursement.
(
Transfer of Functions
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
Section Referred to in Other Sections
This section is referred to in
§3796cc–2. Review of State applications
(a) In general
The Bureau shall make a grant under
(1) the application is consistent with the requirements of this subchapter; and
(2) before the approval of the application, the Bureau 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
(c) Disapproval notice and reconsideration
The Bureau shall not disapprove any application without first affording the applicant reasonable notice and an opportunity for reconsideration.
(
§3796cc–3. Local applications
(a) In general
(1) To request funds under this subchapter from a State, the chief executive of a local entity shall submit an application to the office designated under
(2) An application under paragraph (1) shall be considered approved, in whole or in part, by the State not later than 45 days after such application is first received unless the State informs the applicant in writing of specific reasons for disapproval.
(3) The State shall not disapprove any application submitted to the State without first affording the applicant reasonable notice and an opportunity for reconsideration.
(4) If an application under paragraph (1) is approved, the local entity is eligible to receive funds under this subchapter.
(b) Distribution to local entities
A State that receives funds under
(
§3796cc–4. Distribution of funds
The Federal share of a grant made under this subchapter may not exceed 75 percent of the total costs of the project described in the application submitted under
(
§3796cc–5. Evaluation
(a) In general
(1) Each State and local entity that receives a grant under this subchapter shall submit to the Director an evaluation not later than March 1 of each year in accordance with guidelines issued by the Director and in consultation with the Director of the National Institute of Justice.
(2) The Director may waive the requirement specified in subsection (a) of this section if the Director determines that such evaluation is not warranted in the case of the State or local entity involved.
(b) Distribution
The Director shall make available to the public on a timely basis evaluations received under subsection (a) of this section.
(c) Administrative costs
A State or local entity may use not more than 5 percent of the funds it receives under this subchapter to develop an evaluation program under this section.
(
Transfer of Functions
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
§3796cc–6. "Local entity" defined
For purposes of this subchapter, the term "local entity" means a child support enforcement agency, law enforcement agency, prosecuting attorney, or unit of local government.
(
SUBCHAPTER XII–E—PUBLIC SAFETY AND COMMUNITY POLICING; "COPS ON THE BEAT"
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3796dd. Authority to make public safety and community policing grants
(a) Grant authorization
The Attorney General may make grants to States, units of local government, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia thereof to increase police presence, to expand and improve cooperative efforts between law enforcement agencies and members of the community to address crime and disorder problems, and otherwise to enhance public safety.
(b) Rehiring, hiring, and initial redeployment grant projects
(1) In general
Grants made under subsection (a) of this section may be used for programs, projects, and other activities to—
(A) rehire law enforcement officers who have been laid off as a result of State and local budget reductions for deployment in community-oriented policing;
(B) hire and train new, additional career law enforcement officers for deployment in community-oriented policing across the Nation; and
(C) procure equipment, technology, or support systems, or pay overtime, if the applicant for such a grant demonstrates to the satisfaction of the Attorney General that expenditures for such purposes would result in an increase in the number of officers deployed in community-oriented policing equal to or greater than the increase in the number of officers that would result from a grant for a like amount for the purposes specified in subparagraph (A) or (B).
(2) Grants for equipment, technology, and support systems
Grants pursuant to paragraph (1)(C)—
(A) may not exceed 20 percent of the funds available for grants pursuant to this subsection in any fiscal year.1
(B) may not be awarded in fiscal years 2 1998, 1999, or 2000 unless the Attorney General has certified that grants awarded in fiscal years 1995, 1996, and 1997 pursuant to subparagraph 3 (1)(C) have resulted in an increase in the number of officers deployed in community-oriented policing equal to or greater than the increase in the number of officers that have resulted from the grants in like amounts awarded in fiscal years 1995, 1996, and 1997 pursuant to paragraph (1)(A) and (B).
(c) Troops-to-cops programs
(1) In general
Grants made under subsection (a) of this section may be used to hire former members of the Armed Forces to serve as career law enforcement officers for deployment in community-oriented policing, particularly in communities that are adversely affected by a recent military base closing.
(2) "Former member of the Armed Forces" defined
In this subsection, "former member of the Armed Forces" means a member of the Armed Forces of the United States who is involuntarily separated from the Armed Forces within the meaning of
(d) Additional grant projects
Grants made under subsection (a) of this section may include programs, projects, and other activities to—
(1) increase the number of law enforcement officers involved in activities that are focused on interaction with members of the community on proactive crime control and prevention by redeploying officers to such activities;
(2) provide specialized training to law enforcement officers to enhance their conflict resolution, mediation, problem solving, service, and other skills needed to work in partnership with members of the community;
(3) increase police participation in multidisciplinary early intervention teams;
(4) develop new technologies to assist State and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime;
(5) develop and implement innovative programs to permit members of the community to assist State and local law enforcement agencies in the prevention of crime in the community, such as a citizens' police academy, including programs designed to increase the level of access to the criminal justice system enjoyed by victims, witnesses, and ordinary citizens by establishing decentralized satellite offices (including video facilities) of principal criminal courts buildings;
(6) establish innovative programs to reduce, and keep to a minimum, the amount of time that law enforcement officers must be away from the community while awaiting court appearances;
(7) establish and implement innovative programs to increase and enhance proactive crime control and prevention programs involving law enforcement officers and young persons in the community;
(8) establish school-based partnerships between local law enforcement agencies and local school systems by using school resource officers who operate in and around elementary and secondary schools to combat school-related crime and disorder problems, gangs, and drug activities;
(9) develop and establish new administrative and managerial systems to facilitate the adoption of community-oriented policing as an organization-wide philosophy;
(10) establish, implement, and coordinate crime prevention and control programs (involving law enforcement officers working with community members) with other Federal programs that serve the community and community members to better address the comprehensive needs of the community and its members; and
(11) support the purchase by a law enforcement agency of no more than 1 service weapon per officer, upon hiring for deployment in community-oriented policing or, if necessary, upon existing officers' initial redeployment to community-oriented policing.
(e) Preferential consideration of applications for certain grants
In awarding grants under this subchapter, the Attorney General may give preferential consideration, where feasible, to applications for hiring and rehiring additional career law enforcement officers that involve a non-Federal contribution exceeding the 25 percent minimum under subsection (i) of this section.
(f) Technical assistance
(1) In general
The Attorney General may provide technical assistance to States, units of local government, Indian tribal governments, and to other public and private entities, in furtherance of the purposes of the Public Safety Partnership and Community Policing Act of 1994.
(2) Model
The technical assistance provided by the Attorney General may include the development of a flexible model that will define for State and local governments, and other public and private entities, definitions and strategies associated with community or problem-oriented policing and methodologies for its implementation.
(3) Training centers and facilities
The technical assistance provided by the Attorney General may include the establishment and operation of training centers or facilities, either directly or by contracting or cooperative arrangements. The functions of the centers or facilities established under this paragraph may include instruction and seminars for police executives, managers, trainers, supervisors, and such others as the Attorney General considers to be appropriate concerning community or problem-oriented policing and improvements in police-community interaction and cooperation that further the purposes of the Public Safety Partnership and Community Policing Act of 1994.
(g) Utilization of components
The Attorney General may utilize any component or components of the Department of Justice in carrying out this subchapter.
(h) Minimum amount
Unless all applications submitted by any State and grantee within the State pursuant to subsection (a) of this section have been funded, each qualifying State, together with grantees within the State, shall receive in each fiscal year pursuant to subsection (a) of this section not less than 0.5 percent of the total amount appropriated in the fiscal year for grants pursuant to that subsection. In this subsection, "qualifying State" means any State which has submitted an application for a grant, or in which an eligible entity has submitted an application for a grant, which meets the requirements prescribed by the Attorney General and the conditions set out in this subchapter.
(i) Matching funds
The portion of the costs of a program, project, or activity provided by a grant under subsection (a) of this section may not exceed 75 percent, unless the Attorney General waives, wholly or in part, the requirement under this subsection of a non-Federal contribution to the costs of a program, project, or activity. In relation to a grant for a period exceeding 1 year for hiring or rehiring career law enforcement officers, the Federal share shall decrease from year to year for up to 5 years, looking toward the continuation of the increased hiring level using State or local sources of funding following the conclusion of Federal support, as provided in an approved plan pursuant to
(j) Allocation of funds
The funds available under this subchapter shall be allocated as provided in
(k) Termination of grants for hiring officers
The authority under subsection (a) of this section to make grants for the hiring and rehiring of additional career law enforcement officers shall lapse at the conclusion of 6 years from September 13, 1994. Prior to the expiration of this grant authority, the Attorney General shall submit a report to Congress concerning the experience with and effects of such grants. The report may include any recommendations the Attorney General may have for amendments to this subchapter and related provisions of law in light of the termination of the authority to make grants for the hiring and rehiring of additional career law enforcement officers.
(
References in Text
The Public Safety Partnership and Community Policing Act of 1994, referred to in subsec. (f)(1), (3), is title I of
Prior Provisions
A prior section 1701 of
Amendments
1998—Subsec. (d)(8) to (11).
1997—Subsec. (b)(2)(A).
"(i) 20 percent of the funds available for grants pursuant to this subsection in fiscal year 1995;
"(ii) 20 percent of the funds available for grants pursuant to this subsection in fiscal year 1996; or
"(iii) 10 percent of the funds available for grants pursuant to this subsection in fiscal years 1997, 1998, 1999, and 2000; and".
Purposes of 1994 Amendments
Section 10002 of title I of
"(1) substantially increase the number of law enforcement officers interacting directly with members of the community ('cops on the beat');
"(2) provide additional and more effective training to law enforcement officers to enhance their problem solving, service, and other skills needed in interacting with members of the community;
"(3) encourage the development and implementation of innovative programs to permit members of the community to assist State, Indian tribal government, and local law enforcement agencies in the prevention of crime in the community; and
"(4) encourage the development of new technologies to assist State, Indian tribal government, and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime,
by establishing a program of grants and assistance in furtherance of these objectives, including the authorization for a period of 6 years of grants for the hiring and rehiring of additional career law enforcement officers."
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "year; and".
2 So in original. Probably should be "year".
3 So in original. Probably should be "paragraph".
§3796dd–1. Applications
(a) In general
No grant may be made under this subchapter unless an application has been submitted to, and approved by, the Attorney General.
(b) Application
An application for a grant under this subchapter shall be submitted in such form, and contain such information, as the Attorney General may prescribe by regulation or guidelines.
(c) Contents
In accordance with the regulations or guidelines established by the Attorney General, each application for a grant under this subchapter shall—
(1) include a long-term strategy and detailed implementation plan that reflects consultation with community groups and appropriate private and public agencies and reflects consideration of the statewide strategy under
(2) demonstrate a specific public safety need;
(3) explain the applicant's inability to address the need without Federal assistance;
(4) identify related governmental and community initiatives which complement or will be coordinated with the proposal;
(5) certify that there has been appropriate coordination with all affected agencies;
(6) outline the initial and ongoing level of community support for implementing the proposal including financial and in-kind contributions or other tangible commitments;
(7) specify plans for obtaining necessary support and continuing the proposed program, project, or activity following the conclusion of Federal support;
(8) if the application is for a grant for hiring or rehiring additional career law enforcement officers, specify plans for the assumption by the applicant of a progressively larger share of the cost in the course of time, looking toward the continuation of the increased hiring level using State or local sources of funding following the conclusion of Federal support;
(9) assess the impact, if any, of the increase in police resources on other components of the criminal justice system;
(10) explain how the grant will be utilized to reorient the affected law enforcement agency's mission toward community-oriented policing or enhance its involvement in or commitment to community-oriented policing; and
(11) provide assurances that the applicant will, to the extent practicable, seek, recruit, and hire members of racial and ethnic minority groups and women in order to increase their ranks within the sworn positions in the law enforcement agency.
(d) Special provisions
(1) Small jurisdictions
Notwithstanding any other provision of this subchapter, in relation to applications under this subchapter of units of local government or law enforcement agencies having jurisdiction over areas with populations of less than 50,000, the Attorney General may waive 1 or more of the requirements of subsection (c) of this section and may otherwise make special provisions to facilitate the expedited submission, processing, and approval of such applications.
(2) Small grant amount
Notwithstanding any other provision of this subchapter, in relation to applications under
(
Section Referred to in Other Sections
This section is referred to in
§3796dd–2. Renewal of grants
(a) In general
Except for grants made for hiring or rehiring additional career law enforcement officers, a grant under this subchapter may be renewed for up to 2 additional years after the first fiscal year during which a recipient receives its initial grant, if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application.
(b) Grants for hiring
Grants made for hiring or rehiring additional career law enforcement officers may be renewed for up to 5 years, subject to the requirements of subsection (a) of this section, but notwithstanding the limitation in that subsection concerning the number of years for which grants may be renewed.
(c) Multiyear grants
A grant for a period exceeding 1 year may be renewed as provided in this section, except that the total duration of such a grant including any renewals may not exceed 3 years, or 5 years if it is a grant made for hiring or rehiring additional career law enforcement officers.
(
§3796dd–3. Limitation on use of funds
(a) Nonsupplanting requirement
Funds made available under this subchapter to States or units of local government shall not be used to supplant State or local funds, or, in the case of Indian tribal governments, funds supplied by the Bureau of Indian Affairs, but shall be used to increase the amount of funds that would, in the absence of Federal funds received under this subchapter, be made available from State or local sources, or in the case of Indian tribal governments, from funds supplied by the Bureau of Indian Affairs.
(b) Non-Federal costs
(1) In general
States and units of local government may use assets received through the Assets Forfeiture equitable sharing program to provide the non-Federal share of the cost of programs, projects, and activities funded under this subchapter.
(2) Indian tribal governments
Funds appropriated by the Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of the cost of programs or projects funded under this subchapter.
(c) Hiring costs
Funding provided under this subchapter for hiring or rehiring a career law enforcement officer may not exceed $75,000, unless the Attorney General grants a waiver from this limitation.
(
§3796dd–4. Performance evaluation
(a) Monitoring components
Each program, project, or activity funded under this subchapter shall contain a monitoring component, developed pursuant to guidelines established by the Attorney General. The monitoring required by this subsection shall include systematic identification and collection of data about activities, accomplishments, and programs throughout the life of the program, project, or activity and presentation of such data in a usable form.
(b) Evaluation components
Selected grant recipients shall be evaluated on the local level or as part of a national evaluation, pursuant to guidelines established by the Attorney General. Such evaluations may include assessments of individual program implementations. In selected jurisdictions that are able to support outcome evaluations, the effectiveness of funded programs, projects, and activities may be required. Outcome measures may include crime and victimization indicators, quality of life measures, community perceptions, and police perceptions of their own work.
(c) Periodic review and reports
The Attorney General may require a grant recipient to submit to the Attorney General the results of the monitoring and evaluations required under subsections (a) and (b) of this section and such other data and information as the Attorney General deems reasonably necessary.
(
Section Referred to in Other Sections
This section is referred to in
§3796dd–5. Revocation or suspension of funding
If the Attorney General determines, as a result of the reviews required by
(
§3796dd–6. Access to documents
(a) By Attorney General
The Attorney General shall have access for the purpose of audit and examination to any pertinent books, documents, papers, or records of a grant recipient under this subchapter and to the pertinent books, documents, papers, or records of State and local governments, persons, businesses, and other entities that are involved in programs, projects, or activities for which assistance is provided under this subchapter.
(b) By Comptroller General
Subsection (a) of this section shall apply with respect to audits and examinations conducted by the Comptroller General of the United States or by an authorized representative of the Comptroller General.
(
§3796dd–7. General regulatory authority
The Attorney General may promulgate regulations and guidelines to carry out this subchapter.
(
§3796dd–8. Definitions
In this subchapter—
(1) "career law enforcement officer" means a person hired on a permanent basis who is authorized by law or by a State or local public agency to engage in or supervise the prevention, detection, or investigation of violations of criminal laws.
(2) "citizens' police academy" means a program by local law enforcement agencies or private nonprofit organizations in which citizens, especially those who participate in neighborhood watch programs, are trained in ways of facilitating communication between the community and local law enforcement in the prevention of crime.
(3) "Indian tribe" means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (
(4) "school resource officer" means a career law enforcement officer, with sworn authority, deployed in community-oriented policing, and assigned by the employing police department or agency to work in collaboration with schools and community-based organizations—
(A) to address crime and disorder problems, gangs, and drug activities affecting or occurring in or around an elementary or secondary school;
(B) to develop or expand crime prevention efforts for students;
(C) to educate likely school-age victims in crime prevention and safety;
(D) to develop or expand community justice initiatives for students;
(E) to train students in conflict resolution, restorative justice, and crime awareness;
(F) to assist in the identification of physical changes in the environment that may reduce crime in or around the school; and
(G) to assist in developing school policy that addresses crime and to recommend procedural changes.
(
References in Text
The Alaska Native Claims Settlement Act, referred to in par. (3), is
Amendments
1998—
SUBCHAPTER XII–F—CERTAIN PUNISHMENT FOR YOUNG OFFENDERS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3796ee. Grant authorization
(a) In general
The Attorney General may make grants under this subchapter to States, for the use by States and units of local government, for the purpose of developing alternative methods of punishment for young offenders to traditional forms of incarceration and probation.
(b) Alternative methods
The alternative methods of punishment referred to in subsection (a) of this section should ensure certain punishment for young offenders and promote reduced recidivism, crime prevention, and assistance to victims, particularly for young offenders who can be punished more effectively in an environment other than a traditional correctional facility, including—
(1) alternative sanctions that create accountability and certain punishment for young offenders;
(2) restitution programs for young offenders;
(3) innovative projects, such as projects consisting of education and job training activities for incarcerated young offenders, modeled, to the extent practicable, after activities carried out under part B of title IV of the Job Training Partnership Act [
(4) correctional options, such as community-based incarceration, weekend incarceration, and electronic monitoring of offenders;
(5) community service programs that provide work service placement for young offenders at non-profit, private organizations and community organizations;
(6) innovative methods that address the problems of young offenders convicted of serious substance abuse (including alcohol abuse) and gang-related offenses; and
(7) adequate and appropriate after care programs for young offenders, such as substance abuse treatment, education programs, vocational training, job placement counseling, family counseling and other support programs upon release.
(
Amendment of Subsection (b)(3)
References in Text
The Job Training Partnership Act, referred to in subsec. (b)(3), is
The Workforce Investment Act of 1998, referred to in subsec. (b)(3), is
Prior Provisions
A prior section 1801 of
Amendments
1998—Subsec. (b)(3).
Effective Date of 1998 Amendment
Amendment by section 101(f) [title VIII, §405(d)(34)] of
Section Referred to in Other Sections
This section is referred to in
§3796ee–1. State applications
(a) In general
(1) Submission of application
To request a grant under this subchapter, the chief executive of a State shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require.
(2) Assurances
An application under paragraph (1) shall include assurances that Federal funds received under this subchapter shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subchapter.
(b) State office
The office designated under
(1) shall prepare the application as required under subsection (a) of this section; and
(2) shall administer grant funds received under this subchapter, including review of spending, processing, progress, financial reporting, technical assistance, grant adjustments, accounting, auditing, and fund disbursement.
(
Section Referred to in Other Sections
This section is referred to in
§3796ee–2. Review of State applications
(a) In general
The Attorney General shall make a grant under
(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
(c) Restriction
Grant funds received under this subchapter shall not be used for land acquisition or construction projects, other than alternative facilities described in
(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.
(
§3796ee–3. Local applications
(a) In general
(1) Submission of application
To request funds under this subchapter from a State, the chief executive of a unit of local government shall submit an application to the office designated under
(2) Approval
An application under paragraph (1) shall be considered to have been approved, in whole or in part, by the State not later than 45 days after such application is first received unless the State informs the applicant in writing of specific reasons for disapproval.
(3) Disapproval
The State shall not disapprove any application submitted to the State without first affording the applicant reasonable notice and an opportunity for reconsideration.
(4) Effect of approval
If an application under this subsection is approved, the unit of local government is eligible to receive funds under this subchapter.
(b) Distribution to units of local government
A State that receives funds under
(
§3796ee–4. Allocation and distribution of funds
(a) State distribution
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 number of young offenders of such State bears to the number of young offenders in all the participating States.
(b) Local distribution
(1) In general
A State that receives funds under this subchapter in a fiscal year shall distribute to units of local government in such State for the purposes specified under
(2) Undistributed funds
Any funds not distributed to units of local government under paragraph (1) shall be available for expenditure by such State for purposes specified under
(3) Unused funds
If the Attorney General determines, on the basis of information available during any fiscal year, that a portion of the funds allocated to a State for such fiscal year will not be used by such State or that a State is not eligible to receive funds under
(c) General requirement
Notwithstanding subsections (a) and (b) of this section, not less than two-thirds of funds received by a State under this subchapter shall be distributed to units of local government unless the State applies for and receives a waiver from the Attorney General.
(d) 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
(e) Consideration
Notwithstanding subsections (a) and (b) of this section, in awarding grants under this subchapter, the Attorney General shall consider as a factor whether a State has in effect throughout such State a law or policy that requires that a juvenile who is in possession of a firearm or other weapon on school property or convicted of a crime involving the use of a firearm or weapon on school property—
(1) be suspended from school for a reasonable period of time; and
(2) lose driving license privileges for a reasonable period of time.
(f) "Juvenile" defined
For purposes of this subchapter, "juvenile" means a person 18 years of age or younger.
(
§3796ee–5. Evaluation
(a) In general
(1) Submission to the Director
Each State and unit of local government that receives a grant under this subchapter shall submit to the Attorney General an evaluation not later than March 1 of each year in accordance with guidelines issued by the Attorney General. Such evaluation shall include an appraisal by representatives of the community of the programs funded by the grant.
(2) Waiver
The Attorney General may waive the requirement specified in paragraph (1) if the Attorney General determines that such evaluation is not warranted in the case of the State or unit of local government involved.
(b) Distribution
The Attorney General shall make available to the public on a timely basis evaluations received under subsection (a) of this section.
(c) Administrative costs
A State or unit of local government may use not more than 5 percent of funds it receives under this subchapter to develop an evaluation program under this section.
(
SUBCHAPTER XII–G—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§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 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.
(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.
(
Prior Provisions
A prior section 1901 of
Section Referred to in Other Sections
This section is referred to in
§3796ff–1. State applications
(a) In general
(1) To request a grant under this subchapter the chief executive of a State shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require.
(2) Such application shall include assurances that Federal funds received under this subchapter shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subchapter.
(3) Such application shall coordinate the design and implementation of treatment programs between State correctional representatives and the State Alcohol 1 and Drug 1 Abuse 1 agency (and, if appropriate, between representatives of local correctional agencies and representatives of either the State alcohol and drug abuse agency or any appropriate local alcohol and drug abuse agency).
(b) Substance abuse testing requirement
To be eligible to receive funds under this subchapter, a State must agree to implement or continue to require urinalysis or other proven reliable forms of testing of individuals in correctional residential substance abuse treatment programs. Such testing shall include individuals released from residential substance abuse treatment programs who remain in the custody of the State.
(c) Eligibility for preference with aftercare component
(1) To be eligible for a preference under this subchapter, a State must ensure that individuals who participate in the substance abuse treatment program established or implemented with assistance provided under this subchapter will be provided with aftercare services.
(2) State aftercare services must involve the coordination of the correctional facility treatment program with other human service and rehabilitation programs, such as educational and job training programs, parole supervision programs, half-way house programs, and participation in self-help and peer group programs, that may aid in the rehabilitation of individuals in the substance abuse treatment program.
(3) To qualify as an aftercare program, the head of the substance abuse treatment program, in conjunction with State and local authorities and organizations involved in substance abuse treatment, shall assist in placement of substance abuse treatment program participants with appropriate community substance abuse treatment facilities when such individuals leave the correctional facility at the end of a sentence or on parole.
(d) Coordination of Federal assistance
Each application submitted for a grant under this section shall include a description of how the funds made available under this section will be coordinated with Federal assistance for substance abuse treatment and aftercare services currently provided by the Department of Health and Human Services' Substance Abuse and Mental Health Services Administration.
(e) State office
The Office designated under
(1) shall prepare the application as required under this section; and
(2) shall administer grant funds received under this subchapter, including review of spending, processing, progress, financial reporting, technical assistance, grant adjustments, accounting, auditing, and fund disbursement.
(
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should not be capitalized.
§3796ff–2. Review of State applications
(a) In general
The Attorney General shall make a grant under
(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
(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.
(
§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
(
§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.
(
SUBCHAPTER XII–H—GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3796gg. Purpose of program and grants
(a) General program purpose
The purpose of this subchapter is to assist States, Indian tribal governments, and units of local government to develop and strengthen effective law enforcement and prosecution strategies to combat violent crimes against women, and to develop and strengthen victim services in cases involving violent crimes against women.
(b) Purposes for which grants may be used
Grants under this subchapter shall provide personnel, training, technical assistance, data collection and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes against women, and specifically, for the purposes of—
(1) training law enforcement officers and prosecutors to more effectively identify and respond to violent crimes against women, including the crimes of sexual assault and domestic violence;
(2) developing, training, or expanding units of law enforcement officers and prosecutors specifically targeting violent crimes against women, including the crimes of sexual assault and domestic violence;
(3) developing and implementing more effective police and prosecution policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to violent crimes against women, including the crimes of sexual assault and domestic violence;
(4) developing, installing, or expanding data collection and communication systems, including computerized systems, linking police, prosecutors, and courts or for the purpose of identifying and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions for violent crimes against women, including the crimes of sexual assault and domestic violence;
(5) developing, enlarging, or strengthening victim services programs, including sexual assault and domestic violence programs, developing or improving delivery of victim services to racial, cultural, ethnic, and language minorities, providing specialized domestic violence court advocates in courts where a significant number of protection orders are granted, and increasing reporting and reducing attrition rates for cases involving violent crimes against women, including crimes of sexual assault and domestic violence;
(6) developing, enlarging, or strengthening programs addressing stalking; and
(7) developing, enlarging, or strengthening programs addressing the needs and circumstances of Indian tribes in dealing with violent crimes against women, including the crimes of sexual assault and domestic violence.
(
Prior Provisions
A prior section 2001 of
Section Referred to in Other Sections
This section is referred to in
§3796gg–1. State grants
(a) General grants
The Attorney General may make grants to States, for use by States, units of local government, nonprofit nongovernmental victim services programs, and Indian tribal governments for the purposes described in
(b) Amounts
Of the amounts appropriated for the purposes of this subchapter—
(1) 4 percent shall be available for grants to Indian tribal governments;
(2) $500,000 shall be available for grants to applicants in each State; and
(3) the remaining funds shall be available for grants to applicants in each State in an amount that bears the same ratio to the amount of remaining funds as the population of the State bears to the population of all of the States that results from a distribution among the States on the basis of each State's population in relation to the population of all States (not including populations of Indian tribes).
(c) Qualification
Upon satisfying the terms of subsection (d) of this section, any State shall be qualified for funds provided under this subchapter upon certification that—
(1) the funds shall be used for any of the purposes described in
(2) grantees and subgrantees shall develop a plan for implementation and shall consult and coordinate with nonprofit, nongovernmental victim services programs, including sexual assault and domestic violence victim services programs;
(3) at least 25 percent of the amount granted shall be allocated, without duplication, to each of the following 3 areas: prosecution, law enforcement, and victim services; and
(4) any Federal funds received under this subchapter shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subchapter.1
(d) Application requirements
The application requirements provided in section 3763 1 of this title shall apply to grants made under this subchapter. In addition, each application shall include the certifications of qualification required by subsection (c) of this section, including documentation from nonprofit, nongovernmental victim services programs, describing their participation in developing the plan required by subsection (c)(2) of this section. An application shall include—
(1) documentation from the prosecution, law enforcement, and victim services programs to be assisted, demonstrating—
(A) need for the grant funds;
(B) intended use of the grant funds;
(C) expected results from the use of grant funds; and
(D) demographic characteristics of the populations to be served, including age, marital status, disability, race, ethnicity and language background;
(2) proof of compliance with the requirements for the payment of forensic medical exams provided in
(3) proof of compliance with the requirements for paying filing and service fees for domestic violence cases provided in
(e) Disbursement
(1) In general
Not later than 60 days after the receipt of an application under this subchapter, the Attorney General shall—
(A) disburse the appropriate sums provided for under this subchapter; or
(B) inform the applicant why the application does not conform to the terms of section 3763 1 of this title or to the requirements of this section.
(2) Regulations
In disbursing monies under this subchapter, the Attorney General shall issue regulations to ensure that States will—
(A) give priority to areas of varying geographic size with the greatest showing of need based on the availability of existing domestic violence and sexual assault programs in the population and geographic area to be served in relation to the availability of such programs in other such populations and geographic areas;
(B) determine the amount of subgrants based on the population and geographic area to be served;
(C) equitably distribute monies on a geographic basis including nonurban and rural areas of various geographic sizes; and
(D) recognize and address the needs of underserved populations.
(f) Federal share
The Federal share of a grant made under this subchapter 1 may not exceed 75 percent of the total costs of the projects described in the application submitted.
(g) Indian tribes
Funds appropriated by the Congress for the activities of any agency of an Indian tribal government or of the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of the cost of programs or projects funded under this subchapter.
(h) Grantee reporting
(1) In general
Upon completion of the grant period under this subchapter, a State or Indian tribal grantee shall file a performance report with the Attorney General explaining the activities carried out, which report shall include an assessment of the effectiveness of those activities in achieving the purposes of this subchapter.
(2) Certification by grantee and subgrantees
A section of the performance report shall be completed by each grantee and subgrantee that performed the direct services contemplated in the application, certifying performance of direct services under the grant.
(3) Suspension of funding
The Attorney General shall suspend funding for an approved application if—
(A) an applicant fails to submit an annual performance report;
(B) funds are expended for purposes other than those described in this subchapter; or
(C) a report under paragraph (1) or accompanying assessments demonstrate to the Attorney General that the program is ineffective or financially unsound.
(
References in Text
This subchapter, referred to in subsecs. (c)(4), the second place it appears, and (f), was in the original "this subtitle", and was translated as reading "this part", meaning part T of title I of
1 See References in Text note below.
§3796gg–2. Definitions
In this subchapter—
(1) the term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other adult person against a victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction receiving grant monies;
(2) the term "Indian country" has the meaning stated in
(3) the term "Indian tribe" means a tribe, band, pueblo, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (
(4) the term "law enforcement" means a public agency charged with policing functions, including any of its component bureaus (such as governmental victim services programs);
(5) the term "prosecution" means any public agency charged with direct responsibility for prosecuting criminal offenders, including such agency's component bureaus (such as governmental victim services programs);
(6) the term "sexual assault" means any conduct proscribed by
(7) the term "underserved populations" includes populations underserved because of geographic location (such as rural isolation), underserved racial or ethnic populations, and populations underserved because of special needs, such as language barriers or physical disabilities; and
(8) the term "victim services" means a nonprofit, nongovernmental organization that assists domestic violence or sexual assault victims, including rape crisis centers, battered women's shelters, and other sexual assault or domestic violence programs, including nonprofit, nongovernmental organizations assisting domestic violence or sexual assault victims through the legal process.
(
References in Text
The Alaska Native Claims Settlement Act, referred to in par. (3), is
§3796gg–3. General terms and conditions
(a) Nonmonetary assistance
In addition to the assistance provided under this subchapter, the Attorney General may request any Federal agency to use its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of State, tribal, and local assistance efforts.
(b) Reporting
Not later than 180 days after the end of each fiscal year for which grants are made under this subchapter, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that includes, for each State and for each grantee Indian tribe—
(1) the number of grants made and funds distributed under this subchapter;
(2) a summary of the purposes for which those grants were provided and an evaluation of their progress;
(3) a statistical summary of persons served, detailing the nature of victimization, and providing data on age, sex, relationship of victim to offender, geographic distribution, race, ethnicity, language, and disability; and
(4) an evaluation of the effectiveness of programs funded under this subchapter.
(c) Regulations or guidelines
Not later than 120 days after September 13, 1994, the Attorney General shall publish proposed regulations or guidelines implementing this subchapter. Not later than 180 days after September 13, 1994, the Attorney General shall publish final regulations or guidelines implementing this subchapter.
(
§3796gg–4. Rape exam payments
(a) Restriction of funds
(1) In general
A State, Indian tribal government, or unit of local government, shall not be entitled to funds under this subchapter unless the State, Indian tribal government, unit of local government, or another governmental entity incurs the full out-of-pocket cost of forensic medical exams described in subsection (b) of this section for victims of sexual assault.
(2) Redistribution
Funds withheld from a State or unit of local government under paragraph (1) shall be distributed to other States or units of local government pro rata. Funds withheld from an Indian tribal government under paragraph (1) shall be distributed to other Indian tribal governments pro rata.
(b) Medical costs
A State, Indian tribal government, or unit of local government shall be deemed to incur the full out-of-pocket cost of forensic medical exams for victims of sexual assault if any government entity—
(1) provides such exams to victims free of charge to the victim;
(2) arranges for victims to obtain such exams free of charge to the victims; or
(3) reimburses victims for the cost of such exams if—
(A) the reimbursement covers the full cost of such exams, without any deductible requirement or limit on the amount of a reimbursement;
(B) the reimbursing governmental entity permits victims to apply for reimbursement for not less than one year from the date of the exam;
(C) the reimbursing governmental entity provides reimbursement not later than 90 days after written notification of the victim's expense; and
(D) the State, Indian tribal government, unit of local government, or reimbursing governmental entity provides information at the time of the exam to all victims, including victims with limited or no English proficiency, regarding how to obtain reimbursement.
(
Section Referred to in Other Sections
This section is referred to in
§3796gg–5. Filing costs for criminal charges
(a) In general
A State, Indian tribal government, or unit of local government, shall not be entitled to funds under this subchapter unless the State, Indian tribal government, or unit of local government—
(1) certifies that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, that the abused bear the costs associated with the filing of criminal charges against the domestic violence offender, or the costs associated with the issuance or service of a warrant, protection order, or witness subpoena; or
(2) gives the Attorney General assurances that its laws, policies and practices will be in compliance with the requirements of paragraph (1) within the later of—
(A) the period ending on the date on which the next session of the State legislature ends; or
(B) 2 years.
(b) Redistribution
Funds withheld from a State, unit of local government, or Indian tribal government under subsection (a) of this section shall be distributed to other States, units of local government, and Indian tribal government, respectively, pro rata.
(
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER XII–I—GRANTS TO ENCOURAGE ARREST POLICIES
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3796hh. Grants
(a) Purpose
The purpose of this subchapter is to encourage States, Indian tribal governments, and units of local government to treat domestic violence as a serious violation of criminal law.
(b) Grant authority
The Attorney General may make grants to eligible States, Indian tribal governments, or units of local government for the following purposes:
(1) To implement mandatory arrest or proarrest programs and policies in police departments, including mandatory arrest programs and policies for protection order violations.
(2) To develop policies and training in police departments to improve tracking of cases involving domestic violence.
(3) To centralize and coordinate police enforcement, prosecution, or judicial responsibility for domestic violence cases in groups or units of police officers, prosecutors, or judges.
(4) To coordinate computer tracking systems to ensure communication between police, prosecutors, and both criminal and family courts.
(5) To strengthen legal advocacy service programs for victims of domestic violence.
(6) To educate judges in criminal and other courts about domestic violence and to improve judicial handling of such cases.
(c) Eligibility
Eligible grantees are States, Indian tribal governments, or units of local government that—
(1) certify that their laws or official policies—
(A) encourage or mandate arrests of domestic violence offenders based on probable cause that an offense has been committed; and
(B) encourage or mandate arrest of domestic violence offenders who violate the terms of a valid and outstanding protection order;
(2) demonstrate that their laws, policies, or practices and their training programs discourage dual arrests of offender and victim;
(3) certify that their laws, policies, or practices prohibit issuance of mutual restraining orders of protection except in cases where both spouses file a claim and the court makes detailed findings of fact indicating that both spouses acted primarily as aggressors and that neither spouse acted primarily in self-defense; and
(4) certify that their laws, policies, or practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, that the abused bear the costs associated with the filing of criminal charges or the service of such charges on an abuser, or that the abused bear the costs associated with the issuance or service of a warrant, protection order, or witness subpoena.
(
Prior Provisions
A prior section 2101 of
Section Referred to in Other Sections
This section is referred to in
§3796hh–1. Applications
(a) Application
An eligible grantee shall submit an application to the Attorney General that—
(1) contains a certification by the chief executive officer of the State, Indian tribal government, or local government entity that the conditions of
(A) the period ending on the date on which the next session of the State or Indian tribal legislature ends; or
(B) 2 years of September 13, 1994;
(2) describes plans to further the purposes stated in
(3) identifies the agency or office or groups of agencies or offices responsible for carrying out the program; and
(4) includes documentation from nonprofit, private sexual assault and domestic violence programs demonstrating their participation in developing the application, and identifying such programs in which such groups will be consulted for development and implementation.
(b) Priority
In awarding grants under this subchapter, the Attorney General shall give priority to applicants that—
(1) do not currently provide for centralized handling of cases involving domestic violence by police, prosecutors, and courts; and
(2) demonstrate a commitment to strong enforcement of laws, and prosecution of cases, involving domestic violence.
(
§3796hh–2. Reports
Each grantee receiving funds under this subchapter shall submit a report to the Attorney General evaluating the effectiveness of projects developed with funds provided under this subchapter and containing such additional information as the Attorney General may prescribe.
(
§3796hh–3. Regulations or guidelines
Not later than 120 days after September 13, 1994, the Attorney General shall publish proposed regulations or guidelines implementing this subchapter. Not later than 180 days after September 13, 1994, the Attorney General shall publish final regulations or guidelines implementing this subchapter.
(
§3796hh–4. Definitions
For purposes of this subchapter—
(1) the term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other adult person against a victim who is protected from that person's acts under the domestic or family violence laws of the eligible State, Indian tribal government, or unit of local government that receives a grant under this subchapter; and
(2) the term "protection order" includes any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary and final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.
(
SUBCHAPTER XII–J—DRUG COURTS
§§3796ii to 3796ii–8. Repealed. Pub. L. 104–134, title I, §101[(a)] [title I, §114(b)(1)(A)], Apr. 26, 1996, 110 Stat. 1321 , 1321-21; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327
Section 3796ii,
A prior section 2201 of
Section 3796ii–1,
Section 3796ii-2,
Section 3796ii–3,
Section 3796ii–4,
Section 3796ii–5,
Section 3796ii–6,
Section 3796ii–7,
Section 3796ii–8,
Compliance
Section 101[(a)] [title I, §114(b)(2)(B)] of
SUBCHAPTER XII–K—FAMILY SUPPORT
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3796jj. Duties
The Attorney General shall—
(1) establish guidelines and oversee the implementation of family-friendly policies within law enforcement-related offices and divisions in the Department of Justice;
(2) study the effects of stress on law enforcement personnel and family well-being and disseminate the findings of such studies to Federal, State, and local law enforcement agencies, related organizations, and other interested parties;
(3) identify and evaluate model programs that provide support services to law enforcement personnel and families;
(4) provide technical assistance and training programs to develop stress reduction and family support to State and local law enforcement agencies;
(5) collect and disseminate information regarding family support, stress reduction, and psychological services to Federal, State, and local law enforcement agencies, law enforcement-related organizations, and other interested entities; and
(6) determine issues to be researched by the Department of Justice and by grant recipients.
(
Prior Provisions
A prior section 2301 of
§3796jj–1. General authorization
The Attorney General may make grants to States and local law enforcement agencies and to organizations representing State or local law enforcement personnel to provide family support services to law enforcement personnel.
(
§3796jj–2. Uses of funds
(a) In general
A State or local law enforcement agency or organization that receives a grant under this subchapter 1 shall use amounts provided under the grant to establish or improve training and support programs for law enforcement personnel.
(b) Required activities
A law enforcement agency or organization that receives funds under this subchapter shall provide at least one of the following services:
(1) Counseling for law enforcement family members.
(2) Child care on a 24-hour basis.
(3) Marital and adolescent support groups.
(4) Stress reduction programs.
(5) Stress education for law enforcement recruits and families.
(6) Technical assistance and training programs to support any or all of the services described in paragraphs (1), (2), (3), (4), and (5).
(c) Optional activities
A law enforcement agency or organization that receives funds under this subchapter may provide the following services:
(1) Post-shooting debriefing for officers and their spouses.
(2) Group therapy.
(3) Hypertension clinics.
(4) Critical incident response on a 24-hour basis.
(5) Law enforcement family crisis telephone services on a 24-hour basis.
(6) Counseling for law enforcement personnel exposed to the human immunodeficiency virus.
(7) Counseling for peers.
(8) Counseling for families of personnel killed in the line of duty.
(9) Seminars regarding alcohol, drug use, gambling, and overeating.
(10) Technical assistance and training to support any or all of the services described in paragraphs (1), (2), (3), (4), (5), (6), (7), (8), and (9).
(
References in Text
This subchapter, referred to in subsec. (a), was in the original "this Act", and was translated as reading "this part", meaning part W of title I of
1 See References in Text note below.
§3796jj–3. Applications
A law enforcement agency or organization desiring to receive a grant under this subchapter shall submit to the Attorney General an application at such time, in such manner, and containing or accompanied by such information as the Attorney General may reasonably require. Such application shall—
(1) certify that the law enforcement agency shall match all Federal funds with an equal amount of cash or in-kind goods or services from other non-Federal sources;
(2) include a statement from the highest ranking law enforcement official from the State or locality or from the highest ranking official from the organization applying for the grant that attests to the need and intended use of services to be provided with grant funds; and
(3) assure that the Attorney General or the Comptroller General of the United States shall have access to all records related to the receipt and use of grant funds received under this subchapter.
(
§3796jj–4. Award of grants; limitation
(a) Grant distribution
In approving grants under this subchapter, the Attorney General shall assure an equitable distribution of assistance among the States, among urban and rural areas of the United States, and among urban and rural areas of a State.
(b) Duration
The Attorney General may award a grant each fiscal year, not to exceed $100,000 to a State or local law enforcement agency or $250,000 to a law enforcement organization for a period not to exceed 5 years. In any application from a State or local law enforcement agency or organization for a grant to continue a program for the second, third, fourth, or fifth fiscal year following the first fiscal year in which a grant was awarded to such agency, the Attorney General shall review the progress made toward meeting the objectives of the program. The Attorney General may refuse to award a grant if the Attorney General finds sufficient progress has not been made toward meeting such objectives, but only after affording the applicant notice and an opportunity for reconsideration.
(c) Limitation
Not more than 5 percent of grant funds received by a State or a local law enforcement agency or organization may be used for administrative purposes.
(
§3796jj–5. Discretionary research grants
The Attorney General may reserve 10 percent of funds to award research grants to a State or local law enforcement agency or organization to study issues of importance in the law enforcement field as determined by the Attorney General.
(
§3796jj–6. Reports
A State or local law enforcement agency or organization that receives a grant under this subchapter shall submit to the Attorney General an annual report that includes—
(1) program descriptions;
(2) the number of staff employed to administer programs;
(3) the number of individuals who participated in programs; and
(4) an evaluation of the effectiveness of grant programs.
(
§3796jj–7. Definitions
For purposes of this subchapter—
(1) the term "family-friendly policy" means a policy to promote or improve the morale and well being of law enforcement personnel and their families; and
(2) the term "law enforcement personnel" means individuals employed by Federal, State, and local law enforcement agencies.
(
SUBCHAPTER XII–L—DNA IDENTIFICATION GRANTS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3796kk. Grant authorization
The Attorney General may make funds available under this subchapter to States and units of local government, or combinations thereof, to carry out all or a substantial part of a program or project intended to develop or improve the capability to analyze deoxyribonucleic acid (referred to in this subchapter as "DNA") in a forensic laboratory.
(
Prior Provisions
A prior section 2401 of
Effective Date
Subchapter effective 60 days after Sept. 13, 1994, see section 210302(c)(4) of
§3796kk–1. Applications
To request a grant under this subchapter, the chief executive officer of a State or unit of local government shall submit an application in such form as the Attorney General may require.
(
Section Referred to in Other Sections
This section is referred to in
§3796kk–2. Application requirements
No grant may be made under this subchapter unless an application has been submitted to the Attorney General in which the applicant certifies that—
(1) DNA analyses performed at the laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis issued by the Director of the Federal Bureau of Investigation under
(2) DNA samples obtained by and DNA analyses performed at the laboratory shall be made available only—
(A) to criminal justice agencies for law enforcement identification purposes;
(B) in judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules;
(C) for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which the defendant is charged; or
(D) if personally identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and
(3) the laboratory and each analyst performing DNA analyses at the laboratory shall undergo, at regular intervals not exceeding 180 days, external proficiency testing by a DNA proficiency testing program that meets the standards issued under
(
1 So in original. The period probably should be a semicolon.
§3796kk–3. Administrative provisions
(a) Regulation authority
The Attorney General may promulgate guidelines, regulations, and procedures, as necessary to carry out the purposes of this subchapter, including limitations on the number of awards made during each fiscal year, the submission and review of applications, selection criteria, and the extension or continuation of awards.
(b) Award authority
The Attorney General shall have final authority over all funds awarded under this subchapter.
(c) Technical assistance
To assist and measure the effectiveness and performance of programs and activities funded under this subchapter, the Attorney General may provide technical assistance as required.
(
§3796kk–4. Restrictions on use of funds
(a) Federal share
The Federal share of a grant, contract, or cooperative agreement made under this subchapter may not exceed 75 percent of the total costs of the project described in the application submitted for the fiscal year for which the project receives assistance.
(b) Administrative costs
A State or unit of local government may not use more than 10 percent of the funds it receives from 1 this subchapter for administrative expenses.
(
1 So in original. Probably should be "under".
§3796kk–5. Reports
(a) Reports to Attorney General
Each State or unit of local government which receives a grant under this subchapter shall submit to the Attorney General, for each year in which funds from a grant received under this subchapter is expended, a report at such time and in such manner as the Attorney General may reasonably require which contains—
(1) a summary of the activities carried out under the grant and an assessment of whether such activities are meeting the needs identified in the application submitted under
(2) such other information as the Attorney General may require.
(b) Reports to Congress
Not later than 90 days after the end of each fiscal year for which grants are made under this subchapter, the Attorney General shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report that includes—
(1) the aggregate amount of grants made under this subchapter to each State or unit of local government for such fiscal year; and
(2) a summary of the information provided in compliance with subsection (a)(1) of this section.
(
§3796kk–6. Expenditure records
(a) Records
Each State or unit of local government which receives a grant under this subchapter shall keep records as the Attorney General may require to facilitate an effective audit.
(b) Access
The Attorney General, the Comptroller General, or their designated agents shall have access, for the purpose of audit and examination, to any books, documents, and records of States and units of local government which receive grants made under this subchapter if, in the opinion of the Attorney General, the Comptroller General, or their designated agents, such books, documents, and records are related to the receipt or use of any such grant.
(
SUBCHAPTER XII–M—MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3796ll. Program authorized
(a) In general
The Director of the Bureau of Justice Assistance is authorized to make grants to States, units of local government, and Indian tribes to purchase armor vests for use by State, local, and tribal law enforcement officers.
(b) Uses of funds
Grants awarded under this section shall be—
(1) distributed directly to the State, unit of local government, or Indian tribe; and
(2) used for the purchase of armor vests for law enforcement officers in the jurisdiction of the grantee.
(c) Preferential consideration
In awarding grants under this subchapter, the Director of the Bureau of Justice Assistance may give preferential consideration, if feasible, to an application from a jurisdiction that—
(1) has the greatest need for armor vests based on the percentage of law enforcement officers in the department who do not have access to a vest;
(2) has, or will institute, a mandatory wear policy that requires on-duty law enforcement officers to wear armor vests whenever feasible; and
(3) has a violent crime rate at or above the national average as determined by the Federal Bureau of Investigation; or
(4) has not received a block grant under the Local Law Enforcement Block Grant program described under the heading "Violent Crime Reduction Programs, State and Local Law Enforcement Assistance" of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (
(d) Minimum amount
Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.50 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated .25 percent.
(e) Maximum amount
A qualifying State, unit of local government, or Indian tribe may not receive more than 5 percent of the total amount appropriated in each fiscal year for grants under this section, except that a State, together with the grantees within the State may not receive more than 20 percent of the total amount appropriated in each fiscal year for grants under this section.
(f) Matching funds
The portion of the costs of a program provided by a grant under subsection (a) of this section may not exceed 50 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection.
(g) Allocation of funds
At least half of the funds available under this subchapter shall be awarded to units of local government with fewer than 100,000 residents.
(
References in Text
The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998, referred to in subsec. (c)(4), is
Prior Provisions
A prior section 2501 of
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) through (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
Findings and Purpose of 1998 Amendments
"(a)
"(1) the number of law enforcement officers who are killed in the line of duty would significantly decrease if every law enforcement officer in the United States had the protection of an armor vest;
"(2) according to studies, between 1985 and 1994, 709 law enforcement officers in the United States were feloniously killed in the line of duty;
"(3) the Federal Bureau of Investigation estimates that the risk of fatality to law enforcement officers while not wearing an armor vest is 14 times higher than for officers wearing an armor vest;
"(4) the Department of Justice estimates that approximately 150,000 State, local, and tribal law enforcement officers, nearly 25 percent, are not issued body armor;
"(5) according to studies, between 1985 and 1994, bullet-resistant materials helped save the lives of more than 2,000 law enforcement officers in the United States; and
"(6) the Executive Committee for Indian Country Law Enforcement Improvements reports that violent crime in Indian country has risen sharply, despite a decrease in the national crime rate, and has concluded that there is a 'public safety crisis in Indian country'.
"(b)
§3796ll–1. Applications
(a) In general
To request a grant under this subchapter, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Director of the Bureau of Justice Assistance in such form and containing such information as the Director may reasonably require.
(b) Regulations
Not later than 90 days after June 16, 1998, the Director of the Bureau of Justice Assistance shall promulgate regulations to implement this section (including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet) in submitting the applications required under this section.
(c) Eligibility
A unit of local government that receives funding under the Local Law Enforcement Block Grant program (described under the heading "Violent Crime Reduction Programs, State and Local Law Enforcement Assistance" of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (
(
References in Text
The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998, referred to in subsec. (c), is
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) through (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
§3796ll–2. Definitions
For purposes of this subchapter—
(1) the term "armor vest" means body armor, no less than Type I, which has been tested through the voluntary compliance testing program operated by the National Law Enforcement and Corrections Technology Center of the National Institute of Justice (NIJ), and found to meet or exceed the requirements of NIJ Standard 0101.03, or any subsequent revision of such standard;
(2) the term "body armor" means any product sold or offered for sale as personal protective body covering intended to protect against gunfire, stabbing, or other physical harm;
(3) the term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands;
(4) the term "unit of local government" means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level;
(5) the term "Indian tribe" has the same meaning as in
(6) the term "law enforcement officer" means any officer, agent, or employee of a State, unit of local government, or Indian tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders.
(
SUBCHAPTER XIII—TRANSITION; EFFECTIVE DATE; REPEALER
Codification
Subchapter is based on part Z, formerly part M, of title I of
§3797. Continuation of rules, authorities, and proceedings
(a) Continuing status until otherwise affected
(1) All orders, determinations, rules, regulations, and instructions of the Law Enforcement Assistance Administration which are in effect on December 27, 1979, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked by the President or the Attorney General, the Office of Justice Assistance, Research, and Statistics or the Director of the Bureau of Justice Statistics, the National Institute of Justice, or the Administrator of the Law Enforcement Assistance Administration with respect to their functions under this chapter or by operation of law.
(2) All orders, determinations, rules, regulations, and instructions issued under this chapter which are in effect on October 12, 1984, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked by the President, the Attorney General, the Assistant Attorney General, the Director of the Bureau of Justice Statistics, the Director of the National Institute of Justice, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, or the Director of the Bureau of Justice Assistance with respect to their functions under this chapter or by operation of law.
(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
The Director of the National Institute of Justice may award new grants, enter into new contracts or cooperative agreements, or otherwise obligate previously appropriated unused or reversionary funds for the continuation of research and development projects in accordance with the provisions of this chapter as in effect on the day before December 27, 1979, based upon applications received under this chapter before December 27, 1979, or for purposes consistent with provisions 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
The Director of the Bureau of Justice Statistics may award new grants, enter into new contracts or cooperative agreements or otherwise obligate funds appropriated for fiscal years before 1980 for statistical projects to be expended in accordance with the provisions of this chapter, as in effect on the day before December 27, 1979, based upon applications received under this chapter before December 27, 1979, or for purposes consistent with provisions 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
The Administrator of the Law Enforcement Assistance Administration may award new grants, enter into new contracts or cooperative agreements, approve comprehensive plans for the fiscal year beginning October 1, 1979, and otherwise obligate previously appropriated unused or reversionary funds or funds appropriated for the fiscal year beginning October 1, 1979, for the continuation of projects in accordance with the provisions of this chapter, as in effect on the day before December 27, 1979, or for purposes consistent with provisions of this chapter.
(e) Pending suits, actions, or other proceedings unaffected
The amendments made to this chapter by the Justice System Improvement Act of 1979 shall not affect any suit, action, or other proceeding commenced by or against the Government before December 27, 1979.
(f) Appropriated funds available for audit matters and continuing programs and projects
Nothing in this chapter prevents the utilization of funds appropriated for purposes of this chapter for all activities necessary or appropriate for the review, audit, investigation, and judicial or administrative resolution of audit matters for those grants or contracts that were awarded under this chapter. The final disposition and dissemination of program and project accomplishments with respect to programs and projects approved in accordance with this chapter, as in effect before December 27, 1979, which continue in operation beyond December 27, 1979, may be carried out with funds appropriated for purposes of this chapter.
(g) Transfer of personnel pursuant to performance-of-functions standard; determination of interim positions for Administrator and Deputy Administrators by Attorney General
Except as otherwise provided in this chapter, the personnel employed on December 27, 1979, by the Law Enforcement Assistance Administration are transferred as appropriate to the Office of Justice Assistance, Research, and Statistics, the National Institute of Justice or the Bureau of Justice Statistics, considering the function to be performed by these organizational units and the functions previously performed by the employee. Determinations as to specific positions to be filled in an acting capacity for a period of not more than ninety days by the Administrator and Deputy Administrators employed on December 27, 1979, may be made by the Attorney General notwithstanding any other provision of law.
(h) Unobligated funds of a State or unit of local government available for cost of any program or project
Any funds made available under subchapters II, III, and V 1 of this chapter, as in effect before December 27, 1979, which are not obligated by a State or unit of local government, may be used to provide up to 100 per centum of the cost of any program or project.
(i) State criminal justice council as the State planning agency for carrying out predecessor provisions
Notwithstanding any other provision of this chapter, all provisions of this chapter, as in effect on the day before December 27, 1979, which are necessary to carry out the provisions of the Juvenile Justice and Delinquency Prevention Act of 1974 [
(j) Construction project funding for additional two years
Notwithstanding the provisions of section 3744(c)(3) 1 of this title, any construction projects which were funded under this chapter, as in effect before December 27, 1979, and which were budgeted in anticipation of receiving additional Federal funding for such construction may continue for two years to be funded under this chapter.
(
References in Text
The Justice System Improvement Act of 1979, referred to in subsec. (e), is
Subchapter V of this chapter, referred to in subsec. (h), was repealed and former subchapter VI was redesignated as V by
The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (i), is
Amendments
1984—Subsec. (a).
Subsecs. (j), (k).
Effective Date of 1984 Amendment
Amendment by
Transfer of Functions
Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) through (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of
Law Enforcement Assistance Administration; Closeout of Operations and Transfer of Remaining Functions
The operations of the Law Enforcement Assistance Administration were closed out by the Justice Department due to lack of appropriations, and the remaining programs and staff transferred to the Office of Justice Assistance, Research, and Statistics, effective Apr. 15, 1982, see Notice of Department of Justice, Office of Justice Assistance, Research, and Statistics, Apr. 19, 1982, 47 F.R. 16694.