§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 (21 U.S.C. 801 et seq.) and to improve the functioning of the criminal justice system with emphasis on violent crime and serious offenders. Such grants shall provide additional personnel, equipment, training, technical assistance, and information systems for the more widespread apprehension, prosecution, adjudication, and detention and rehabilitation of persons who violate these laws, and to assist the victims of such crimes (other than compensation), including-

(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 and to remove any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine;

(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 section 36 of title 18;

(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;

(26) to develop and implement antiterrorism training programs and to procure equipment for use by local law enforcement authorities;

(27) ¹ enforcing child abuse and neglect laws, including laws protecting against child sexual abuse, and promoting programs designed to prevent child abuse and neglect; and

(28) establishing or supporting cooperative programs between law enforcement and media organizations, to collect, record, retain, and disseminate information useful in the identification and apprehension of suspected criminal offenders.

(27) ¹ improving the quality, timeliness, and credibility of forensic science services for criminal justice purposes.

(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.

(Pub. L. 90–351, title I, §501, as added and amended Pub. L. 100–690, title V, §5104, title VI, §6091(a), Nov. 18, 1988, 102 Stat. 4301 , 4329; Pub. L. 101–647, title VI, §601(b), Nov. 29, 1990, 104 Stat. 4823 ; Pub. L. 103–322, title X, §100003, title XIV, §140004, title XV, §150003, title XXI, §210302(a), Sept. 13, 1994, 108 Stat. 1996 , 2032, 2035, 2065; Pub. L. 104–132, title VIII, §822(a), Apr. 24, 1996, 110 Stat. 1317 ; Pub. L. 106–177, title I, §103, Mar. 10, 2000, 114 Stat. 35 ; Pub. L. 106–310, div. B, title XXXVI, §3621(b), Oct. 17, 2000, 114 Stat. 1231 ; Pub. L. 106–561, §2(a), Dec. 21, 2000, 114 Stat. 2787 .)

References in Text

The Controlled Substances Act, referred to in subsec. (b), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242 , as amended, which is classified principally to subchapter I (§801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.

Prior Provisions

For prior sections 501 of Pub. L. 90–351 and prior sections 3751 of this title, see note set out preceding section 3750 of this title.

Amendments

2000-Subsec. (b)(3). Pub. L. 106–310 inserted "and to remove any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine" before semicolon at end.

Subsec. (b)(25). Pub. L. 106–177, §103(1), and Pub. L. 106–561, §2(a)(1), amended par. (25) identically, striking out "and" at end.

Subsec. (b)(26). Pub. L. 106–561, §2(a)(2), which directed the substitution of "; and" for period at end, could not be executed because of the amendment by Pub. L. 106–177, §103(2), which substituted semicolon for period at end. See below.

Pub. L. 106–177, §103(2), substituted semicolon for period at end.

Subsec. (b)(27). Pub. L. 106–561, §2(a)(3), added par. (27) relating to improvement of the quality, timeliness, and credibility of forensic science services.

Pub. L. 106–177, §103(3), added par. (27) relating to enforcement of child abuse and neglect laws.

Subsec. (b)(28). Pub. L. 106–177, §103(3), added par. (28).

1996-Subsec. (b)(26). Pub. L. 104–132 added par. (26).

1994-Subsec. (b)(22). Pub. L. 103–322, §100003, added par. (22).

Subsec. (b)(23). Pub. L. 103–322, §140004, added par. (23).

Subsec. (b)(24). Pub. L. 103–322, §150003, added par. (24).

Subsec. (b)(25). Pub. L. 103–322, §210302(a), added par. (25).

1990-Subsec. (b)(10). Pub. L. 101–647, which directed general amendment of par. (10) of this section, was executed by amending par. (10) of subsec. (b) generally, to reflect the probable intent of Congress. Prior to amendment, par. (10) of subsec. (b) read as follows: "improving the operational effectiveness of the court process through programs such as court delay reduction programs and enhancement programs;".

1988-Subsec. (b)(17) to (21). Pub. L. 100–690, §5104, added par. (17) and redesignated former pars. (17) to (20) as (18) to (21), respectively.

Effective Date of 1994 Amendment

Section 210302(c)(4) of Pub. L. 103–322 provided that: "The amendments made by this section [enacting subchapter XII–L of this chapter and amending this section and sections 3753, 3793, and 3797 of this title] shall take effect on the date that is 60 days after the date of enactment of this Act [Sept. 13, 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 Pub. L. 106–113, set out as a note under section 3741 of this title.

Drug Control and System Improvement Grant Program

Pub. L. 106–310, div. B, title XXXVI, §3621(c)(2), Oct. 17, 2000, 114 Stat. 1231 , provided that: "Any amounts made available in a fiscal year under the grant program under section 501(b)(3) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(b)(3)) for the removal of hazardous substances or pollutants or contaminants associated with the illegal manufacture of amphetamine or methamphetamine by reason of the amendment made by subsection (b) [amending this section] shall supplement, and not supplant, any other amounts made available in such fiscal year from other sources for such removal."

Drug-Free Prisons and Jails

Pub. L. 105–277, div. D, title I, subtitle B, Oct. 21, 1998, 112 Stat. 2681–753 , provided that:

"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) Establishment.-The Director of the Bureau of Justice Assistance shall establish a model substance abuse treatment program for substance-involved offenders by-

"(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) Grant Awards.-The Director may award not more than 5 grants to units of local government and not more than 5 grants to States.

"(c) Administrative Costs.-Not more than 5 percent of a grant award made pursuant to this subtitle may be used for administrative costs.

"SEC. 114. GRANT APPLICATION.

"(a) Contents.-An application submitted by a unit of local government or a State for a grant award under this subtitle shall include each of the following:

"(1) Strategy.-A strategy to coordinate programs and services for substance-involved offenders provided by the unit of local government or the State, as the case may be, developed in consultation with representatives from all components of the criminal justice system within the jurisdiction, including judges, law enforcement personnel, prosecutors, corrections personnel, probation personnel, parole personnel, substance abuse treatment personnel, and substance abuse prevention personnel.

"(2) Certification.-A certification that-

"(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) Review and Approval.-Subject to section 113(b), the Director shall approve applications and make grant awards to units of local governments and States that show the most promise for accomplishing the purposes of this subtitle consistent with the provisions of section 115.

"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) Evaluation.-

"(1) In general.-The Director shall enter into a contract, with an evaluating agency that has demonstrated experience in the evaluation of substance abuse treatment, to conduct an evaluation that incorporates the criteria described in paragraph (2).

"(2) Evaluation criteria.-The Director, in consultation with the Directors of the appropriate National Institutes of Health, shall establish minimum criteria for evaluating each program. Such criteria shall include-

"(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) Report.-The Director shall submit to the appropriate committees, at the same time as the President's budget for fiscal year 2001 is submitted, a report that-

"(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) Appropriate committees.-The term 'appropriate committees' means the Committees on the Judiciary and the Committees on Appropriations of the House of Representatives and the Senate.

"(2) Director.-The term 'Director' means the Director of the Bureau of Justice Assistance.

"(3) Substance-involved offender.-The term 'substance-involved offender' means an individual under the supervision of a State or local criminal justice system, awaiting trial or serving a sentence imposed by the criminal justice system, who-

"(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) Unit of local government.-The term 'unit of local government' means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, an Indian tribe which performs law enforcement functions as determined by the Secretary of the Interior and any agency of the District of Columbia government or the United States Government performing law enforcement functions in and for the District of Columbia, and the Trust Territory of the Pacific Islands.

"SEC. 118. AUTHORIZATION OF APPROPRIATIONS.

"(a) In General.-There are authorized to be appropriated to carry out this subtitle from the Violent Crime Reduction Trust Fund as authorized by title 31 of the Violent Crime and Control and Law Enforcement Act of 1994 (42 U.S.C. 14211)-

"(1) for fiscal year 1999, $30,000,000; and

"(2) for fiscal year 2000, $20,000,000.

"(b) Reservation.-The Director may reserve each fiscal year not more than 20 percent of the funds appropriated pursuant to subsection (a) for activities required under section 116."

Section Referred to in Other Sections

This section is referred to in sections 3754, 3756, 3760, 3766, 3782 of this title.

¹ So in original. Two pars. (27) have been enacted.