Subtitle I—Comprehensive Acts
CHAPTER 101 —JUSTICE SYSTEM IMPROVEMENT
SUBCHAPTER I—OFFICE OF JUSTICE PROGRAMS
SUBCHAPTER II—NATIONAL INSTITUTE OF JUSTICE
SUBCHAPTER III—BUREAU OF JUSTICE STATISTICS
SUBCHAPTER IV—ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE
SUBCHAPTER V—BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS
Part A—Edward Byrne Memorial Justice Assistance Grant Program
Part B—Discretionary Grants
subpart 1—grants to public agencies
subpart 2—general requirements
subpart 3—grants to private entities
Part C—Administrative Provisions
SUBCHAPTER VI—FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE PERSONNEL
SUBCHAPTER VII—ADMINISTRATIVE PROVISIONS
SUBCHAPTER VIII—DEFINITIONS
SUBCHAPTER IX—FUNDING
SUBCHAPTER X—CRIMINAL PENALTIES
SUBCHAPTER XI—PUBLIC SAFETY OFFICERS' DEATH BENEFITS
Part A—Death Benefits
Part B—Educational Assistance to Dependents of Civilian Federal Law Enforcement Officers Killed or Disabled in Line of Duty
SUBCHAPTER XII—REGIONAL INFORMATION SHARING SYSTEMS
SUBCHAPTER XIII—GRANTS FOR CLOSED-CIRCUIT TELEVISING OF TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE
SUBCHAPTER XIV—RURAL DRUG ENFORCEMENT
SUBCHAPTER XV—CRIMINAL CHILD SUPPORT ENFORCEMENT
SUBCHAPTER XVI—PUBLIC SAFETY AND COMMUNITY POLICING; "COPS ON THE BEAT"
SUBCHAPTER XVII—JUVENILE ACCOUNTABILITY BLOCK GRANTS
SUBCHAPTER XVIII—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS
SUBCHAPTER XIX—GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN
SUBCHAPTER XX—GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF PROTECTION ORDERS
SUBCHAPTER XXI—MENTAL HEALTH COURTS
SUBCHAPTER XXII—FAMILY SUPPORT
SUBCHAPTER XXIII—DNA IDENTIFICATION GRANTS
SUBCHAPTER XXIV—MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS
SUBCHAPTER XXV—TRANSITION; EFFECTIVE DATE; REPEALER
SUBCHAPTER XXVI—MATCHING GRANT PROGRAM FOR SCHOOL SECURITY
SUBCHAPTER XXVII—PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS
SUBCHAPTER XXVIII—MENTAL HEALTH AND DRUG TREATMENT ALTERNATIVES TO INCARCERATION PROGRAMS
SUBCHAPTER XXIX—GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE TREATMENT
SUBCHAPTER XXX—DRUG COURTS
SUBCHAPTER XXXI—OFFENDER REENTRY AND COMMUNITY SAFETY
SUBCHAPTER XXXII—CRIME FREE RURAL STATE GRANTS
SUBCHAPTER XXXIII—ADULT AND JUVENILE COLLABORATION PROGRAM GRANTS
SUBCHAPTER XXXIV—CONFRONTING USE OF METHAMPHETAMINE
SUBCHAPTER XXXV—LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS
SUBCHAPTER XXXVI—GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVENILE FACILITIES
SUBCHAPTER XXXVII—SEX OFFENDER APPREHENSION GRANTS; JUVENILE SEX OFFENDER TREATMENT GRANTS
SUBCHAPTER XXXVIII—COMPREHENSIVE OPIOID ABUSE GRANT PROGRAM
SUBCHAPTER XXXIX—PREVENTION, INVESTIGATION, AND PROSECUTION OF WHITE COLLAR CRIME
SUBCHAPTER XL—GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVENILE FACILITIES
Codification
Title I of the Omnibus Crime Control and Safe Streets Act of 1968, comprising this chapter, was originally enacted by
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 was formerly classified to
Law Enforcement Assistance Act of 1965
Ex. Ord. No. 11396. Coordination By Attorney General of Federal Law Enforcement and Crime Prevention Programs
Ex. Ord. No. 11396, Feb. 7, 1968, 33 F.R. 2689, provided:
WHEREAS the problem of crime in America today presents the Nation with a major challenge calling for maximum law enforcement efforts at every level of Government;
WHEREAS coordination of all Federal Criminal law enforcement activities and crime prevention programs is desirable in order to achieve more effective results;
WHEREAS the Federal Government has acknowledged the need to provide assistance to State and local law enforcement agencies in the development and administration of programs directed to the prevention and control of crime:
WHEREAS to provide such assistance the Congress has authorized various departments and agencies of the Federal Government to develop programs which may benefit State and local efforts directed at the prevention and control of crime, and the coordination of such programs is desirable to develop and administer them most effectively; and
WHEREAS the Attorney General, as the chief law officer of the Federal Government, is charged with the responsibility for all prosecutions for violations of the Federal criminal statutes and is authorized under the Law Enforcement Assistance Act of 1965 (
NOW, THEREFORE, by virtue of the authority vested in the President by the Constitution and laws of the United States, it is ordered as follows:
Lyndon B. Johnson.
SUBCHAPTER I—OFFICE OF JUSTICE PROGRAMS
§10101. 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
Codification
Section was formerly classified to
Prior Provisions
A prior section 101 of
Another prior section 101 of
Effective Date
"(a) Except as provided in subsection (b), this division and the amendments made by this title [probably means division, see Short Title of 1984 Act 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 2019 Amendment
Short Title of 2018 Amendment
Short Title of 2017 Amendment
Short Title of 2016 Act
Short Title of 2015 Act
Short Title of 2014 Act
Short Title of 2013 Act
Short Title of 2012 Act
Short Title of 2010 Act
Short Title of 2009 Act
Short Title of 2008 Act
Short Title of 2006 Act
"(a)
"(b)
Short Title of 2004 Act
Short Title of 2003 Act
Short Title of 2002 Act
Short Title of 2000 Act
Short Title of 1999 Act
Short Title of 1998 Act
Short Title of 1996 Act
Short Title of 1994 Act
Short Title of 1993 Act
Short Title of 1990 Act
Short Title of 1988 Act
Short Title of 1986 Act
Short Title of 1984 Act
Short Title of 1980 Act
Short Title of 1979 Act
Short Title of 1977 Act
Short Title of 1976 Act
Short Title of 1974 Act
A prior section 501 of title V of
Another section 501 of
Short Title of 1973 Act
Short Title of 1970 Act
Short Title of 1968 Act
Separability
References in Other Laws
"(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 Act note set out above] and the Omnibus Crime Control and Safe Streets Act of 1968 [see Short Title of 1968 Act 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 [and] 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 [and] 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."
§10102. 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) coordinate and 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, the Office for Victims of Crime, 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, including placing special conditions on all grants, and determining priority purposes for formula grants.
(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.
(
References in Text
This chapter, referred to in subsec. (a)(6), was in the original "this title", meaning title I of
Codification
Section was formerly classified to
Prior Provisions
A prior section 102 of
Amendments
2006—Subsec. (a)(5).
Subsec. (a)(6).
2002—Subsec. (a)(5).
Effective Date of 2002 Amendment
Amendment by
Effective Date
Section effective Oct. 12, 1984, see section 609AA(a) of
§10103. Office of Weed and Seed Strategies
(a) Establishment
There is established within the Office an Office of Weed and Seed Strategies, headed by a Director appointed by the Attorney General.
(b) Assistance
The Director may assist States, units of local government, and neighborhood and community-based organizations in developing Weed and Seed strategies, as provided in
(c) Authorization of appropriations
There is authorized to be appropriated to carry out this section $60,000,000 for fiscal year 2006, and such sums as may be necessary for each of fiscal years 2007, 2008, and 2009, to remain available until expended.
(
Codification
Section was formerly classified to
Effective Date
Abolishment of Executive Office of Weed and Seed; Transfers of Functions
"(1)
"(2)
§10104. Weed and Seed strategies
(a) In general
From amounts made available under
(1) Weeding
Activities, to be known as Weeding activities, which shall include promoting and coordinating a broad spectrum of community efforts (especially those of law enforcement agencies and prosecutors) to arrest, and to sanction or incarcerate, persons in that community who participate or engage in violent crime, criminal drug-related activity, and other crimes that threaten the quality of life in that community.
(2) Seeding
Activities, to be known as Seeding activities, which shall include promoting and coordinating a broad spectrum of community efforts (such as drug abuse education, mentoring, and employment counseling) to provide—
(A) human services, relating to prevention, intervention, or treatment, for at-risk individuals and families; and
(B) community revitalization efforts, including enforcement of building codes and development of the economy.
(b) Guidelines
The Director shall issue guidelines for the development and implementation of Weed and Seed strategies under this section. The guidelines shall ensure that the Weed and Seed strategy for a community referred to in subsection (a) shall—
(1) be planned and implemented through and under the auspices of a steering committee, properly established in the community, comprised of—
(A) in a voting capacity, representatives of—
(i) appropriate law enforcement agencies; and
(ii) other public and private agencies, and neighborhood and community-based organizations, interested in criminal justice and community-based development and revitalization in the community; and
(B) in a voting capacity, both—
(i) the Drug Enforcement Administration's special agent in charge for the jurisdiction encompassing the community; and
(ii) the United States Attorney for the District encompassing the community;
(2) describe how law enforcement agencies, other public and private agencies, neighborhood and community-based organizations, and interested citizens are to cooperate in implementing the strategy; and
(3) incorporate a community-policing component that shall serve as a bridge between the Weeding activities under subsection (a)(1) and the Seeding activities under subsection (a)(2).
(c) Designation
For a community to be designated as a Weed-and-Seed community for purposes of subsection (a)—
(1) the United States Attorney for the District encompassing the community must certify to the Director that—
(A) the community suffers from consistently high levels of crime or otherwise is appropriate for such designation;
(B) the Weed and Seed strategy proposed, adopted, or implemented by the steering committee has a high probability of improving the criminal justice system within the community and contains all the elements required by the Director; and
(C) the steering committee is capable of implementing the strategy appropriately; and
(2) the community must agree to formulate a timely and effective plan to independently sustain the strategy (or, at a minimum, a majority of the best practices of the strategy) when assistance under this section is no longer available.
(d) Application
An application for designation as a Weed-and-Seed community for purposes of subsection (a) shall be submitted to the Director by the steering committee of the community in such form, and containing such information and assurances, as the Director may require. The application shall propose—
(1) a sustainable Weed and Seed strategy that includes—
(A) the active involvement of the United States Attorney for the District encompassing the community, the Drug Enforcement Administration's special agent in charge for the jurisdiction encompassing the community, and other Federal law enforcement agencies operating in the vicinity;
(B) a significant community-oriented policing component; and
(C) demonstrated coordination with complementary neighborhood and community-based programs and initiatives; and
(2) a methodology with outcome measures and specific objective indicia of performance to be used to evaluate the effectiveness of the strategy.
(e) Grants
(1) In general
In implementing a strategy for a community under subsection (a), the Director may make grants to that community.
(2) Uses
For each grant under this subsection, the community receiving that grant may not use any of the grant amounts for construction, except that the Assistant Attorney General may authorize use of grant amounts for incidental or minor construction, renovation, or remodeling.
(3) Limitations
A community may not receive grants under this subsection (or fall within such a community)—
(A) for a period of more than 10 fiscal years;
(B) for more than 5 separate fiscal years, except that the Assistant Attorney General may, in single increments and only upon a showing of extraordinary circumstances, authorize grants for not more than 3 additional separate fiscal years; or
(C) in an aggregate amount of more than $1,000,000, except that the Assistant Attorney General may, upon a showing of extraordinary circumstances, authorize grants for not more than an additional $500,000.
(4) Distribution
In making grants under this subsection, the Director shall ensure that—
(A) to the extent practicable, the distribution of such grants is geographically equitable and includes both urban and rural areas of varying population and area; and
(B) priority is given to communities that clearly and effectively coordinate crime prevention programs with other Federal programs in a manner that addresses the overall needs of such communities.
(5) Federal share
(A) Subject to subparagraph (B), the Federal share of a grant under this subsection may not exceed 75 percent of the total costs of the projects described in the application for which the grant was made.
(B) The requirement of subparagraph (A)—
(i) may be satisfied in cash or in kind; and
(ii) may be waived by the Assistant Attorney General upon a determination that the financial circumstances affecting the applicant warrant a finding that such a waiver is equitable.
(6) Supplement, not supplant
To receive a grant under this subsection, the applicant must provide assurances that the amounts received under the grant shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for programs or services provided in the community.
(
Codification
Section was formerly classified to
Effective Date
Section effective with respect to appropriations for fiscal year 2007 and for each fiscal year thereafter, see section 1121(c) of
§10105. Inclusion of Indian tribes
For purposes of
(
Codification
Section was formerly classified to
Another section 105 of
Effective Date
Section effective with respect to appropriations for fiscal year 2007 and for each fiscal year thereafter, see section 1121(c) of
§10106. Community Capacity Development Office
(a) Establishment
(1) In general
There is established within the Office a Community Capacity Development Office, headed by a Director appointed by the Attorney General. In carrying out the functions of the Office, the Director shall be subject to the authority, direction, and control of the Attorney General. Such authority, direction, and control may be delegated only to the Assistant Attorney General, without redelegation.
(2) Purpose
The purpose of the Office shall be to provide training to actual and prospective participants under programs covered by section 10103(b) 1 of this title to assist such participants in understanding the substantive and procedural requirements for participating in such programs.
(3) Exclusivity
The Office shall be the exclusive element of the Department of Justice performing functions and activities for the purpose specified in paragraph (2). There are hereby transferred to the Office all functions and activities for such purpose performed immediately before January 5, 2006, by any other element of the Department. This does not preclude a grant-making office from providing specialized training and technical assistance in its area of expertise.
(b) Means
The Director shall, in coordination with the heads of the other elements of the Department, carry out the purpose of the Office through the following means:
(1) Promoting coordination of public and private efforts and resources within or available to States, units of local government, and neighborhood and community-based organizations.
(2) Providing information, training, and technical assistance.
(3) Providing support for inter- and intra-agency task forces and other agreements and for assessment of the effectiveness of programs, projects, approaches, or practices.
(4) Providing in the assessment of the effectiveness of neighborhood and community-based law enforcement and crime prevention strategies and techniques, in coordination with the National Institute of Justice.
(5) Any other similar means.
(c) Locations
Training referred to in subsection (a) shall be provided on a regional basis to groups of such participants. In a case in which remedial training is appropriate, as recommended by the Director or the head of any element of the Department, such training may be provided on a local basis to a single such participant.
(d) Best practices
The Director shall—
(1) identify grants under which clearly beneficial outcomes were obtained, and the characteristics of those grants that were responsible for obtaining those outcomes; and
(2) incorporate those characteristics into the training provided under this section.
(e) Availability of funds
not 2 to exceed 3 percent of all funding made available for a fiscal year for the programs covered by section 10103(b) 1 of this title shall be reserved for the Community Capacity Development Office for the activities authorized by this section.
(
References in Text
January 5, 2006, referred to in subsec. (a)(3), was in the original "the date of the enactment of this Act" and was translated as meaning the date of enactment of
Codification
Section was formerly classified to
Amendments
2006—Subsecs. (a)(2), (e).
Effective Date
1 See References in Text Note below.
2 So in original. Probably should be capitalized.
§10107. Division of Applied Law Enforcement Technology
(a) Establishment
There is established within the Office of Science and Technology, the Division of Applied Law Enforcement Technology, headed by an individual appointed by the Attorney General. The purpose of the Division shall be to provide leadership and focus to those grants of the Department of Justice that are made for the purpose of using or improving law enforcement computer systems.
(b) Duties
In carrying out the purpose of the Division, the head of the Division shall—
(1) establish clear minimum standards for computer systems that can be purchased using amounts awarded under such grants; and
(2) ensure that recipients of such grants use such systems to participate in crime reporting programs administered by the Department, such as Uniform Crime Reports or the National Incident-Based Reporting System.
(
Codification
Section was formerly classified to
Effective Date
§10108. Availability of funds
(a) Period for awarding grant funds
(1) In general
Unless otherwise specifically provided in an authorization, DOJ grant funds for a fiscal year shall remain available to be awarded and distributed to a grantee only in that fiscal year and the three succeeding fiscal years, subject to paragraphs (2) and (3). DOJ grant funds not so awarded and distributed shall revert to the Treasury.
(2) Treatment of reprogrammed funds
DOJ grant funds for a fiscal year that are reprogrammed in a later fiscal year shall be treated for purposes of paragraph (1) as DOJ grant funds for such later fiscal year.
(3) Treatment of deobligated funds
If DOJ grant funds were obligated and then deobligated, the period of availability that applies to those grant funds under paragraph (1) shall be extended by a number of days equal to the number of days from the date on which those grant funds were obligated to the date on which those grant funds were deobligated.
(b) Period for expending grant funds
DOJ grant funds for a fiscal year that have been awarded and distributed to a grantee may be expended by that grantee only in the period permitted under the terms of the grant. DOJ grant funds not so expended shall be deobligated.
(c) Definition
In this section, the term "DOJ grant funds" means, for a fiscal year, amounts appropriated for activities of the Department of Justice in carrying out grant programs for that fiscal year.
(d) Applicability
This section applies to DOJ grant funds for fiscal years beginning with fiscal year 2006.
(
Codification
Section was formerly classified to
Amendments
2006—Subsec. (b).
Effective Date
§10109. Office of Audit, Assessment, and Management
(a) Establishment
(1) In general
There is established within the Office an Office of Audit, Assessment, and Management, headed by a Director appointed by the Attorney General. In carrying out the functions of the Office, the Director shall be subject to the authority, direction, and control of the Attorney General. Such authority, direction, and control may be delegated only to the Assistant Attorney General, without redelegation.
(2) Purpose
The purpose of the Office shall be to carry out and coordinate program assessments of, take actions to ensure compliance with the terms of, and manage information with respect to, grants under programs covered by subsection (b). The Director shall take special conditions of the grant into account and consult with the office that issued those conditions to ensure appropriate compliance.
(3) Exclusivity
The Office shall be the exclusive element of the Department of Justice, other than the Inspector General, performing functions and activities for the purpose specified in paragraph (2). There are hereby transferred to the Office all functions and activities, other than functions and activities of the Inspector General, for such purpose performed immediately before January 5, 2006, by any other element of the Department.
(b) Covered programs
The programs referred to in subsection (a) are the following:
(1) The program under subchapter XVI of this chapter.
(2) Any grant program carried out by the Office of Justice Programs.
(3) Any other grant program carried out by the Department of Justice that the Attorney General considers appropriate.
(c) Program assessments required
(1) In general
The Director shall select grants awarded under the programs covered by subsection (b) and carry out program assessments on such grants. In selecting such grants, the Director shall ensure that the aggregate amount awarded under the grants so selected represent not less than 10 percent of the aggregate amount of money awarded under all such grant programs.
(2) Relationship to NIJ evaluations
This subsection does not affect the authority or duty of the Director of the National Institute of Justice to carry out overall evaluations of programs covered by subsection (b), except that such Director shall consult with the Director of the Office in carrying out such evaluations.
(3) Timing of program assessments
The program assessment required by paragraph (1) of a grant selected under paragraph (1) shall be carried out—
(A) not later than the end of the grant period, if the grant period is not more than 1 year; and
(B) at the end of each year of the grant period, if the grant period is more than 1 year.
(d) Compliance actions required
The Director shall take such actions to ensure compliance with the terms of a grant as the Director considers appropriate with respect to each grant that the Director determines (in consultation with the head of the element of the Department of Justice concerned), through a program assessment under subsection (a) or other means, is not in compliance with such terms. In the case of a misuse of more than 1 percent of the grant amount concerned, the Director shall, in addition to any other action to ensure compliance that the Director considers appropriate, ensure that the entity responsible for such misuse ceases to receive any funds under any program covered by subsection (b) until such entity repays to the Attorney General an amount equal to the amounts misused. The Director may, in unusual circumstances, grant relief from this requirement to ensure that an innocent party is not punished.
(e) Grant management system
The Director shall establish and maintain, in consultation with the chief information officer of the Office, a modern, automated system for managing all information relating to the grants made under the programs covered by subsection (b).
(f) Availability of funds
Not to exceed 3 percent of all funding made available for a fiscal year for the programs covered by subsection (b) shall be reserved for the Office of Audit, Assessment and Management for the activities authorized by this section.
(
References in Text
January 5, 2006, referred to in subsec. (a)(3), was in the original "the date of the enactment of this Act" and was translated as meaning the date of enactment of
Codification
Section was formerly classified to
Section was also formerly classified to
Effective Date
"(1)
"(2)
§10110. Office of Justice Programs grants, cooperative agreements, and contracts
Notwithstanding any other provision of law, during any fiscal year the Attorney General—
(1) may make grants, or enter into cooperative agreements and contracts, for the Office of Justice Programs and the component organizations of that Office (including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of
(2) shall have final authority over all functions, including any grants, cooperative agreements, and contracts made, or entered into, for the Office of Justice Programs and the component organizations of that Office (including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of
(
References in Text
Codification
Section was enacted as part of the Department of Justice Appropriations Act, 1999, and also as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
Section was formerly classified to
Section was also formerly classified as a note under
Amendments
2002—
2001—Par. (1).
Par. (2).
Office of Justice Programs Grants, Cooperative Agreements, and Contracts
"(1) may make grants, or enter into cooperative agreements and contracts, for the Office of Justice Programs and the component organizations of that Office (including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of
"(2) shall have final authority over all functions, including any grants, cooperative agreements and contracts made, or entered into, for the Office of Justice Programs and the component organizations of that Office (including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of
[
1 See References in Text note below.
§10111. Consolidation of financial management systems of Office of Justice Programs
(a) Consolidation of accounting activities and procurement activities
The Assistant Attorney General of the Office of Justice Programs, in coordination with the Chief Information Officer and Chief Financial Officer of the Department of Justice, shall ensure that—
(1) all accounting activities for all elements of the Office of Justice Programs are carried out under the direct management of the Office of the Comptroller; and
(2) all procurement activities for all elements of the Office are carried out under the direct management of the Office of Administration.
(b) Further consolidation of procurement activities
The Assistant Attorney General, in coordination with the Chief Information Officer and Chief Financial Officer of the Department of Justice, shall ensure that, on and after September 30, 2008—
(1) all procurement activities for all elements of the Office are carried out through a single management office; and
(2) all contracts and purchase orders used in carrying out those activities are processed through a single procurement system.
(c) Consolidation of financial management systems
The Assistant Attorney General, in coordination with the Chief Information Officer and Chief Financial Officer of the Department of Justice, shall ensure that, on and after September 30, 2010, all financial management activities (including human resources, payroll, and accounting activities, as well as procurement activities) of all elements of the Office are carried out through a single financial management system.
(d) Achieving compliance
(1) Schedule
The Assistant Attorney General shall undertake a scheduled consolidation of operations to achieve compliance with the requirements of this section.
(2) Specific requirements
With respect to achieving compliance with the requirements of—
(A) subsection (a), the consolidation of operations shall be initiated not later than 90 days after January 5, 2006; and
(B) subsections (b) and (c), the consolidation of operations shall be initiated not later than September 30, 2006, and shall be carried out by the Office of Administration, in consultation with the Chief Information Officer and the Office of Audit, Assessment, and Management.
(
Codification
Section was enacted as part of the Violence Against Women and Department of Justice Reauthorization Act of 2005, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
Section was formerly classified to
SUBCHAPTER II—NATIONAL INSTITUTE OF JUSTICE
§10121. 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.
(
References in Text
This chapter, referred to in text, was in the original "this title", meaning title I of
Codification
Section was formerly classified to
Prior Provisions
A prior section 201 of
Amendments
1984—
Effective Date of 1984 Amendment
Amendment by
National Training Program for State and Local Prosecutors
"SECTION 1. TRAINING FOR STATE AND LOCAL PROSECUTORS.
"The Attorney General is authorized to award a grant to a national nonprofit organization (such as the National District Attorneys Association) to conduct a national training program for State and local prosecutors for the purpose of improving the professional skills of State and local prosecutors and enhancing the ability of Federal, State, and local prosecutors to work together.
"SEC. 2. COMPREHENSIVE CONTINUING LEGAL EDUCATION.
"The Attorney General may provide assistance to the grantee under section 1 to carry out the training program described in such section, including comprehensive continuing legal education in the areas of trial practice, substantive legal updates, support staff training, and any other assistance the Attorney General determines to be appropriate.
"SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to the Attorney General to carry out this Act $4,750,000 for each of the fiscal years 2009 through 2012, to remain available until expended."
§10122. 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. 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, including cost effectiveness where practical, 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;
(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; and
(10) research and development of tools and technologies relating to prevention, detection, investigation, and prosecution of crime; and
(11) support research, development, testing, training, and evaluation of tools and technology for Federal, State, and local law enforcement agencies.
(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 VII.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 202 of
Amendments
2012—Subsec. (b).
2002—Subsec. (c)(3).
Subsec. (c)(10), (11).
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 2012 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
§10123. 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.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 203 of
SUBCHAPTER III—BUREAU OF JUSTICE STATISTICS
§10131. 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.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 301 of
Amendments
1984—
Effective Date of 1984 Amendment
Amendment by
§10132. 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. 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 be responsible for the integrity of data and statistics and shall protect against improper or illegal use or disclosure. 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, tribal, and local justice policy and decisionmaking;
(4) collect and analyze statistical information, concerning the operations of the criminal justice system at the Federal, State, tribal, 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, tribal, 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, tribal, and local levels, and about the extent, distribution and attributes of crime, and juvenile delinquency, in the Nation and at the Federal, State, tribal, 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 and in Indian country;
(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 Government and State and tribal 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, tribal, and local governments, and the general public on justice statistics;
(11) establish or assist in the establishment of a system to provide State, tribal, 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, Indian tribes, 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, tribal, 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, tribal, and local criminal justice agencies on their drug enforcement activities;
(18) provide for the development and enhancement of State, tribal, 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 improvements in the accuracy, quality, timeliness, immediate accessibility, and integration of State and tribal criminal history and related records, support the development and enhancement of national systems of criminal history and related records including the National Instant Criminal Background Check System, the National Incident-Based Reporting System, and the records of the National Crime Information Center, facilitate State and tribal participation in national records and information systems, and support statistical research for critical analysis of the improvement and utilization of criminal history records;
(20) maintain liaison with State, tribal, 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 VII.
(d) Justice statistical collection, analysis, and dissemination
(1) In general
To ensure that all justice statistical collection, analysis, and dissemination is carried out in a coordinated manner, the Director is authorized to—
(A) 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;
(B) confer and cooperate with State, municipal, and other local agencies;
(C) request such information, data, and reports from any Federal agency as may be required to carry out the purposes of this chapter;
(D) seek the cooperation of the judicial branch of the Federal Government in gathering data from criminal justice records;
(E) encourage replication, coordination and sharing among justice agencies regarding information systems, information policy, and data; and
(F) confer and cooperate with Federal statistical agencies as needed to carry out the purposes of this subchapter, including by entering into cooperative data sharing agreements in conformity with all laws and regulations applicable to the disclosure and use of data.
(2) Consultation with Indian tribes
The Director, acting jointly with the Assistant Secretary for Indian Affairs (acting through the Office of Justice Services) and the Director of the Federal Bureau of Investigation, shall work with Indian tribes and tribal law enforcement agencies to establish and implement such tribal data collection systems as the Director determines to be necessary to achieve the purposes of this section.
(e) Furnishing of information, data, or reports by Federal agencies
Federal agencies requested to furnish information, data, or reports pursuant to subsection (d)(1)(C) shall provide such information to the Bureau as is required to carry out the purposes of this section.
(f) Consultation with representatives of State, tribal, and local government and judiciary
In recommending standards for gathering justice statistics under this section, the Director shall consult with representatives of State, tribal, and local government, including, where appropriate, representatives of the judiciary.
(g) Reports
Not later than 1 year after July 29, 2010, and annually thereafter, the Director shall submit to Congress a report describing the data collected and analyzed under this section relating to crimes in Indian country.
(
References in Text
This Act, referred to in subsecs. (b) and (c)(11), is
Codification
Section was formerly classified to
Prior Provisions
A prior section 302 of
Amendments
2012—Subsec. (b).
2010—Subsec. (c)(3) to (6).
Subsec. (c)(7).
Subsec. (c)(9).
Subsec. (c)(10), (11).
Subsec. (c)(13).
Subsec. (c)(17).
Subsec. (c)(18).
Subsec. (c)(19).
Subsec. (c)(20).
Subsec. (c)(22).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
2006—Subsec. (b).
Subsec. (c)(19).
Subsec. (d)(6).
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 2012 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Construction of 2010 Amendment
"(1) allows the grant to be made to, or used by, an entity for law enforcement activities that the entity lacks jurisdiction to perform; or
"(2) has any effect other than to authorize, award, or deny a grant of funds to a federally recognized Indian tribe for the purposes described in the relevant grant program."
[For definition of "Indian tribe" as used in section 251(c) of
Data Collection
"(a)
"(1) The number of prisoners (as such term is defined in
"(2) The number of prisoners who have been placed in solitary confinement at any time during the previous year.
"(3) The number of female prisoners known by the Bureau of Prisons to be pregnant, as well as the outcomes of such pregnancies, including information on pregnancies that result in live birth, stillbirth, miscarriage, abortion, ectopic pregnancy, maternal death, neonatal death, and preterm birth.
"(4) The number of prisoners who volunteered to participate in a substance abuse treatment program, and the number of prisoners who have participated in such a program.
"(5) The number of prisoners provided medication-assisted treatment with medication approved by the Food and Drug Administration while in custody in order to treat substance use disorder.
"(6) The number of prisoners who were receiving medication-assisted treatment with medication approved by the Food and Drug Administration prior to the commencement of their term of imprisonment.
"(7) The number of prisoners who are the parent or guardian of a minor child.
"(8) The number of prisoners who are single, married, or otherwise in a committed relationship.
"(9) The number of prisoners who have not achieved a GED, high school diploma, or equivalent prior to entering prison.
"(10) The number of prisoners who, during the previous year, received their GED or other equivalent certificate while incarcerated.
"(11) The numbers of prisoners for whom English is a second language.
"(12) The number of incidents, during the previous year, in which restraints were used on a female prisoner during pregnancy, labor, or postpartum recovery, as well as information relating to the type of restraints used, and the circumstances under which each incident occurred.
"(13) The vacancy rate for medical and healthcare staff positions, and average length of such a vacancy.
"(14) The number of facilities that operated, at any time during the previous year, without at least 1 clinical nurse, certified paramedic, or licensed physician on site.
"(15) The number of facilities that during the previous year were accredited by the American Correctional Association.
"(16) The number and type of recidivism reduction partnerships described in
"(17) The number of facilities with remote learning capabilities.
"(18) The number of facilities that offer prisoners video conferencing.
"(19) Any changes in costs related to legal phone calls and visits following implementation of
"(20) The number of aliens in prison during the previous year.
"(21) For each Bureau of Prisons facility, the total number of violations that resulted in reductions in rewards, incentives, or time credits, the number of such violations for each category of violation, and the demographic breakdown of the prisoners who have received such reductions.
"(22) The number of assaults on Bureau of Prisons staff by prisoners and the number of criminal prosecutions of prisoners for assaulting Bureau of Prisons staff.
"(23) The capacity of each recidivism reduction program and productive activity to accommodate eligible inmates at each Bureau of Prisons facility.
"(24) The number of volunteers who were certified to volunteer in a Bureau of Prisons facility, broken down by level (level I and level II), and by each Bureau of Prisons facility.
"(25) The number of prisoners enrolled in recidivism reduction programs and productive activities at each Bureau of Prisons facility, broken down by risk level and by program, and the number of those enrolled prisoners who successfully completed each program.
"(26) The breakdown of prisoners classified at each risk level by demographic characteristics, including age, sex, race, and the length of the sentence imposed.
"(b)
Inclusion of Honor Violence in National Crime Victimization Survey
Study of Crimes Against Seniors
"(a)
"(b)
"(1) the nature and type of crimes perpetrated against seniors, with special focus on—
"(A) the most common types of crimes that affect seniors;
"(B) the nature and extent of telemarketing, sweepstakes, and repair fraud against seniors; and
"(C) the nature and extent of financial and material fraud targeted at seniors;
"(2) the risk factors associated with seniors who have been victimized;
"(3) the manner in which the Federal and State criminal justice systems respond to crimes against seniors;
"(4) the feasibility of States establishing and maintaining a centralized computer database on the incidence of crimes against seniors that will promote the uniform identification and reporting of such crimes;
"(5) the effectiveness of damage awards in court actions and other means by which seniors receive reimbursement and other damages after fraud has been established; and
"(6) other effective ways to prevent or reduce the occurrence of crimes against seniors."
Inclusion of Seniors in National Crime Victimization Survey
"(1) crimes targeting or disproportionately affecting seniors;
"(2) crime risk factors for seniors, including the times and locations at which crimes victimizing seniors are most likely to occur; and
"(3) specific characteristics of the victims of crimes who are seniors, including age, gender, race or ethnicity, and socioeconomic status."
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 of 2000 [
"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."
§10133. 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.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 303 of
§10134. 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 private person or public agency other than statistical or research purposes.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 304 of
Amendments
2006—
SUBCHAPTER IV—ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE
Prior Provisions
This subchapter is comprised of part D (§401 et seq.) of title I of
§10141. 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. 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.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 401 of
Another prior section 401 of
Another prior section 401 of
Amendments
2012—Subsec. (b).
Effective Date of 2012 Amendment
Amendment by
Transfer of Functions
§10142. 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 XIII.
(2) Establishing programs in accordance with part B of subchapter V 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, and on terms and conditions determined by the Director to be consistent with part B of subchapter V.
(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, 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.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 402 of
Another prior section 402 of
Another prior section 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
This subchapter is comprised of part E (§500 et seq.) of title I of
Another prior part E (§501 et seq.) of title I of
Part A—Edward Byrne Memorial Justice Assistance Grant Program
Prior Provisions
This part is comprised of subpart 1 (§501 et seq.) of part E of title I of
§10151. Name of program
(a) In general
The grant program established under this part shall be known as the "Edward Byrne Memorial Justice Assistance Grant Program".
(b) References to former programs
(1) Any reference in a law, regulation, document, paper, or other record of the United States to the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, or to the Local Government Law Enforcement Block Grants program, shall be deemed to be a reference to the grant program referred to in subsection (a).
(2) Any reference in a law, regulation, document, paper, or other record of the United States to section 506 of this Act as such section was in effect on the date of the enactment of the Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009,1 shall be deemed to be a reference to section 505(a) of this Act as amended by the Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009.1
(
References in Text
This Act, referred to in subsec. (b)(2), is
The Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009, referred to in subsec. (b)(2), probably means the Violence Against Women and Department of Justice Reauthorization Act of 2005,
Codification
Section was formerly classified to
Amendments
2006—
Effective Date of 2006 Amendment
1 See References in Text note below.
§10152. Description
(a) Grants authorized
(1) In general
From amounts made available to carry out this part, the Attorney General may, in accordance with the formula established under
(A) Law enforcement programs.
(B) Prosecution and court programs.
(C) Prevention and education programs.
(D) Corrections and community corrections programs.
(E) Drug treatment and enforcement programs.
(F) Planning, evaluation, and technology improvement programs.
(G) Crime victim and witness programs (other than compensation).
(H) Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams.
(2) Rule of construction
Paragraph (1) shall be construed to ensure that a grant under that paragraph may be used for any purpose for which a grant was authorized to be used under either or both of the programs specified in
(b) Contracts and subawards
A State or unit of local government may, in using a grant under this part for purposes authorized by subsection (a), use all or a portion of that grant to contract with or make one or more subawards to one or more—
(1) neighborhood or community-based organizations that are private and nonprofit; or
(2) units of local government.
(c) Program assessment component; waiver
(1) Each program funded under this part shall contain a program assessment component, developed pursuant to guidelines established by the Attorney General, in coordination with the National Institute of Justice.
(2) The Attorney General may waive the requirement of paragraph (1) with respect to a program if, in the opinion of the Attorney General, the program is not of sufficient size to justify a full program assessment.
(d) Prohibited uses
Notwithstanding any other provision of this Act, no funds provided under this part may be used, directly or indirectly, to provide any of the following matters:
(1) Any security enhancements or any equipment to any nongovernmental entity that is not engaged in criminal justice or public safety.
(2) Unless the Attorney General certifies that extraordinary and exigent circumstances exist that make the use of such funds to provide such matters essential to the maintenance of public safety and good order—
(A) vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft (excluding police helicopters);
(B) luxury items;
(C) real estate;
(D) construction projects (other than penal or correctional institutions); or
(E) any similar matters.
(e) Administrative costs
Not more than 10 percent of a grant made under this part may be used for costs incurred to administer such grant.
(f) Period
The period of a grant made under this part shall be four years, except that renewals and extensions beyond that period may be granted at the discretion of the Attorney General.
(g) Rule of construction
Subparagraph (d)(1) shall not be construed to prohibit the use, directly or indirectly, of funds provided under this part to provide security at a public event, such as a political convention or major sports event, so long as such security is provided under applicable laws and procedures.
(
References in Text
This Act, referred to in subsec. (d), is
Codification
Section was formerly classified to
Prior Provisions
A prior section 501 of title I of
Another prior section 501 of title I of
Another prior section 501 of title I of
Another prior section 501 of
Amendments
2016—Subsec. (a)(1)(H).
2006—Subsec. (b)(3).
Effective Date
Section applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of
§10153. Applications
(A) 1 In general
To request a grant under this part, the chief executive officer of a State or unit of local government shall submit an application to the Attorney General within 120 days after the date on which funds to carry out this part are appropriated for a fiscal year, in such form as the Attorney General may require. Such application shall include the following:
(1) A certification that Federal funds made available under 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.
(2) An assurance that, not fewer than 30 days before the application (or any amendment to the application) was submitted to the Attorney General, the application (or amendment) was submitted for review to the governing body of the State or unit of local government (or to an organization designated by that governing body).
(3) An assurance that, before the application (or any amendment to the application) was submitted to the Attorney General—
(A) the application (or amendment) was made public; and
(B) an opportunity to comment on the application (or amendment) was provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or established procedure makes such an opportunity available.
(4) An assurance that, for each fiscal year covered by an application, the applicant shall maintain and report such data, records, and information (programmatic and financial) as the Attorney General may reasonably require.
(5) A certification, made in a form acceptable to the Attorney General and executed by the chief executive officer of the applicant (or by another officer of the applicant, if qualified under regulations promulgated by the Attorney General), that—
(A) the programs to be funded by the grant meet all the requirements of this part;
(B) all the information contained in the application is correct;
(C) there has been appropriate coordination with affected agencies; and
(D) the applicant will comply with all provisions of this part and all other applicable Federal laws.
(6) A comprehensive Statewide plan detailing how grants received under this section will be used to improve the administration of the criminal justice system, which shall—
(A) be designed in consultation with local governments, and representatives of all segments of the criminal justice system, including judges, prosecutors, law enforcement personnel, corrections personnel, and providers of indigent defense services, victim services, juvenile justice delinquency prevention programs, community corrections, and reentry services;
(B) include a description of how the State will allocate funding within and among each of the uses described in subparagraphs (A) through (G) of
(C) describe the process used by the State for gathering evidence-based data and developing and using evidence-based and evidence-gathering approaches in support of funding decisions;
(D) describe the barriers at the State and local level for accessing data and implementing evidence-based approaches to preventing and reducing crime and recidivism; and
(E) be updated every 5 years, with annual progress reports that—
(i) address changing circumstances in the State, if any;
(ii) describe how the State plans to adjust funding within and among each of the uses described in subparagraphs (A) through (G) of
(iii) provide an ongoing assessment of need;
(iv) discuss the accomplishment of goals identified in any plan previously prepared under this paragraph; and
(v) reflect how the plan influenced funding decisions in the previous year.
(b) Technical assistance
(1) Strategic planning
Not later than 90 days after December 16, 2016, the Attorney General shall begin to provide technical assistance to States and local governments requesting support to develop and implement the strategic plan required under subsection (a)(6). The Attorney General may enter into agreements with 1 or more non-governmental organizations to provide technical assistance and training under this paragraph.
(2) Protection of constitutional rights
Not later than 90 days after December 16, 2016, the Attorney General shall begin to provide technical assistance to States and local governments, including any agent thereof with responsibility for administration of justice, requesting support to meet the obligations established by the Sixth Amendment to the Constitution of the United States, which shall include—
(A) public dissemination of practices, structures, or models for the administration of justice consistent with the requirements of the Sixth Amendment; and
(B) assistance with adopting and implementing a system for the administration of justice consistent with the requirements of the Sixth Amendment.
(3) Authorization of appropriations
For each of fiscal years 2017 through 2021, of the amounts appropriated to carry out this subpart, not less than $5,000,000 and not more than $10,000,000 shall be used to carry out this subsection.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 502 of title I of
Another prior section 502 of title I of
Another prior section 502 of title I of
Another prior section 502 of
Amendments
2016—
Subsec. (a)(6).
2006—
Effective Date
Section applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of
Applicability of 2016 Amendment
Active-Shooter Training for Law Enforcement
1 So in original. Probably should be "(a)".
§10154. Review of applications
The Attorney General shall not finally disapprove any application (or any amendment to that application) submitted under this part without first affording the applicant reasonable notice of any deficiencies in the application and opportunity for correction and reconsideration.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 503 of title I of
Another prior section 503 of title I of
Another prior section 503 of title I of
Another prior section 503 of
Effective Date
Section applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of
§10155. Rules
The Attorney General shall issue rules to carry out this part. The first such rules shall be issued not later than one year after the date on which amounts are first made available to carry out this part.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 504 of title I of
Another prior section 504 of title I of
Another prior section 504 of title I of
Another prior section 504 of
Effective Date
Section applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of
§10156. Formula
(a) Allocation among States
(1) In general
Of the total amount appropriated for this part, the Attorney General shall, except as provided in paragraph (2), allocate—
(A) 50 percent of such remaining amount to each State in amounts that bear the same ratio of—
(i) the total population of a State to—
(ii) the total population of the United States; and
(B) 50 percent of such remaining amount to each State in amounts that bear the same ratio of—
(i) the average annual number of part 1 violent crimes of the Uniform Crime Reports of the Federal Bureau of Investigation reported by such State for the three most recent years reported by such State to—
(ii) the average annual number of such crimes reported by all States for such years.
(2) Minimum allocation
If carrying out paragraph (1) would result in any State receiving an allocation less than 0.25 percent of the total amount (in this paragraph referred to as a "minimum allocation State"), then paragraph (1), as so carried out, shall not apply, and the Attorney General shall instead—
(A) allocate 0.25 percent of the total amount to each State; and
(B) using the amount remaining after carrying out subparagraph (A), carry out paragraph (1) in a manner that excludes each minimum allocation State, including the population of and the crimes reported by such State.
(b) Allocation between States and units of local government
Of the amounts allocated under subsection (a)—
(1) 60 percent shall be for direct grants to States, to be allocated under subsection (c); and
(2) 40 percent shall be for grants to be allocated under subsection (d).
(c) Allocation for State governments
(1) In general
Of the amounts allocated under subsection (b)(1), each State may retain for the purposes described in
(A) total expenditures on criminal justice by the State government in the most recently completed fiscal year to—
(B) the total expenditure on criminal justice by the State government and units of local government within the State in such year.
(2) Remaining amounts
Except as provided in subsection (e)(1), any amounts remaining after the allocation required by paragraph (1) shall be made available to units of local government by the State for the purposes described in
(d) Allocations to local governments
(1) In general
Of the amounts allocated under subsection (b)(2), grants for the purposes described in
(2) Allocation
(A) In general
From the amounts referred to in paragraph (1) with respect to a State (in this subsection referred to as the "local amount"), the Attorney General shall allocate to each unit of local government an amount which bears the same ratio to such share as the average annual number of part 1 violent crimes reported by such unit to the Federal Bureau of Investigation for the 3 most recent calendar years for which such data is available bears to the number of part 1 violent crimes reported by all units of local government in the State in which the unit is located to the Federal Bureau of Investigation for such years.
(B) Transitional rule
Notwithstanding subparagraph (A), for fiscal years 2006, 2007, and 2008, the Attorney General shall allocate the local amount to units of local government in the same manner that, under the Local Government Law Enforcement Block Grants program in effect immediately before January 5, 2006, the reserved amount was allocated among reporting and nonreporting units of local government.
(3) Annexed units
If a unit of local government in the State has been annexed since the date of the collection of the data used by the Attorney General in making allocations pursuant to this section, the Attorney General shall pay the amount that would have been allocated to such unit of local government to the unit of local government that annexed it.
(4) Resolution of disparate allocations
(A) Notwithstanding any other provision of this part, if—
(i) the Attorney General certifies that a unit of local government bears more than 50 percent of the costs of prosecution or incarceration that arise with respect to part 1 violent crimes reported by a specified geographically constituent unit of local government; and
(ii) but for this paragraph, the amount of funds allocated under this section to—
(I) any one such specified geographically constituent unit of local government exceeds 150 percent of the amount allocated to the unit of local government certified pursuant to clause (i); or
(II) more than one such specified geographically constituent unit of local government exceeds 400 percent of the amount allocated to the unit of local government certified pursuant to clause (i),
then in order to qualify for payment under this subsection, the unit of local government certified pursuant to clause (i), together with any such specified geographically constituent units of local government described in clause (ii), shall submit to the Attorney General a joint application for the aggregate of funds allocated to such units of local government. Such application shall specify the amount of such funds that are to be distributed to each of the units of local government and the purposes for which such funds are to be used. The units of local government involved may establish a joint local advisory board for the purposes of carrying out this paragraph.
(B) In this paragraph, the term "geographically constituent unit of local government" means a unit of local government that has jurisdiction over areas located within the boundaries of an area over which a unit of local government certified pursuant to clause (i) has jurisdiction.
(e) Limitation on allocations to units of local government
(1) Maximum allocation
No unit of local government shall receive a total allocation under this section that exceeds such unit's total expenditures on criminal justice services for the most recently completed fiscal year for which data are available. Any amount in excess of such total expenditures shall be allocated proportionally among units of local government whose allocations under this section do not exceed their total expenditures on such services.
(2) Allocations under $10,000
If the allocation under this section to a unit of local government is less than $10,000 for any fiscal year, the direct grant to the State under subsection (c) shall be increased by the amount of such allocation, to be distributed (for the purposes described in
(3) Non-reporting units
No allocation under this section shall be made to a unit of local government that has not reported at least three years of data on part 1 violent crimes of the Uniform Crime Reports to the Federal Bureau of Investigation within the immediately preceding 10 years.
(f) Funds not used by the State
If the Attorney General determines, on the basis of information available during any grant period, that any allocation (or portion thereof) under this section to a State for such grant period will not be required, or that a State will be unable to qualify or receive funds under this part, or that a State chooses not to participate in the program established under this part, then such State's allocation (or portion thereof) shall be awarded by the Attorney General to units of local government, or combinations thereof, within such State, giving priority to those jurisdictions with the highest annual number of part 1 violent crimes of the Uniform Crime Reports reported by the unit of local government to the Federal Bureau of Investigation for the three most recent calendar years for which such data are available.
(g) Special rules for Puerto Rico
(1) All funds set aside for Commonwealth government
Notwithstanding any other provision of this part, the amounts allocated under subsection (a) to Puerto Rico, 100 percent shall be for direct grants to the Commonwealth government of Puerto Rico.
(2) No local allocations
Subsections (c) and (d) shall not apply to Puerto Rico.
(h) Units of local government in Louisiana
In carrying out this section with respect to the State of Louisiana, the term "unit of local government" means a district attorney or a parish sheriff.
(i) Part 1 violent crimes to include human trafficking
For purposes of this section, the term "part 1 violent crimes" shall include severe forms of trafficking in persons (as defined in
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 505 of title I of
Another prior section 505 of title I of
Another prior section 505 of title I of
Another prior section 505 of
Amendments
2015—Subsec. (i).
Effective Date
Section applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of
§10157. Reserved funds
(a) Of the total amount made available to carry out this part for a fiscal year, the Attorney General shall reserve not more than—
(1) $20,000,000, for use by the National Institute of Justice in assisting units of local government to identify, select, develop, modernize, and purchase new technologies for use by law enforcement, of which $1,000,000 shall be for use by the Bureau of Justice Statistics to collect data necessary for carrying out this part; and
(2) $20,000,000, to be granted by the Attorney General to States and units of local government to develop and implement antiterrorism training programs.
(b) Of the total amount made available to carry out this part for a fiscal year, the Attorney General may reserve not more than 5 percent, to be granted to 1 or more States or units of local government, for 1 or more of the purposes specified in
(1) to combat, address, or otherwise respond to precipitous or extraordinary increases in crime, or in a type or types of crime; or
(2) to prevent, compensate for, or mitigate significant programmatic harm resulting from operation of the formula established under
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 506 of title I of
Another prior section 506 of title I of
Another prior section 506 of
Effective Date
Section applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of
§10158. Interest-bearing trust funds
(a) Trust fund required
A State or unit of local government shall establish a trust fund in which to deposit amounts received under this part.
(b) Expenditures
(1) In general
Each amount received under this part (including interest on such amount) shall be expended before the date on which the grant period expires.
(2) Repayment
A State or unit of local government that fails to expend an entire amount (including interest on such amount) as required by paragraph (1) shall repay the unexpended portion to the Attorney General not later than 3 months after the date on which the grant period expires.
(3) Reduction of future amounts
If a State or unit of local government fails to comply with paragraphs (1) and (2), the Attorney General shall reduce amounts to be provided to that State or unit of local government accordingly.
(c) Repaid amounts
Amounts received as repayments under this section shall be subject to
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 507 of title I of
Another prior section 507 of
Effective Date
Section applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of
Part B—Discretionary Grants
subpart 1—grants to public agencies
§10171. 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);
(3) grants to public agencies to establish, operate, and support boot camp prisons; and
(4) grants to State courts to improve security for State and local court systems.
(b) Selection of grantees
The selection of applicants to receive grants under paragraphs (1) and (2) of subsection (a) 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), 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.
Priority shall be given to State court applicants under subsection (a)(4) that have the greatest demonstrated need to provide security in order to administer justice.
(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
Codification
Section was formerly classified to
Prior Provisions
A prior section 515 of
Amendments
2008—Subsec. (a)(4).
Subsec. (b).
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 10142(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
§10172. Allocation of funds; administrative provisions
(a) Allocation of funds
Of the total amount appropriated for this subpart in any fiscal year, 70 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.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 516 of
Amendments
2008—Subsec. (a).
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 10142(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 2—general requirements
§10181. 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.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 517 of
Amendments
2006—Subsec. (a)(1).
1990—Subsec. (a)(1).
Subsec. (b).
Effective Date of 2006 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 10142(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
§10182. 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.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 518 of
Amendments
1990—Par. (2).
subpart 3—grants to private entities
Codification
§10191. Crime prevention campaign grant
(a) Grant authorization
The Attorney General may provide a grant to a national private, nonprofit organization that has expertise in promoting crime prevention through public outreach and media campaigns in coordination with law enforcement agencies and other local government officials, and representatives of community public interest organizations, including schools and youth-serving organizations, faith-based, and victims' organizations and employers.
(b) Application
To request a grant under this section, an organization described in subsection (a) shall submit an application to the Attorney General in such form and containing such information as the Attorney General may require.
(c) Use of funds
An organization that receives a grant under this section shall—
(1) create and promote national public communications campaigns;
(2) develop and distribute publications and other educational materials that promote crime prevention;
(3) design and maintain web sites and related web-based materials and tools;
(4) design and deliver training for law enforcement personnel, community leaders, and other partners in public safety and hometown security initiatives;
(5) design and deliver technical assistance to States, local jurisdictions, and crime prevention practitioners and associations;
(6) coordinate a coalition of Federal, national, and statewide organizations and communities supporting crime prevention;
(7) design, deliver, and assess demonstration programs;
(8) operate McGruff-related programs, including McGruff Club;
(9) operate the Teens, Crime, and Community Program; and
(10) evaluate crime prevention programs and trends.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1) for fiscal year 2007, $7,000,000;
(2) for fiscal year 2008, $8,000,000;
(3) for fiscal year 2009, $9,000,000; and
(4) for fiscal year 2010, $10,000,000.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 519 of
Part C—Administrative Provisions
§10201. 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 program evaluations; and
(2) conduct a reasonable number of comprehensive evaluations of programs funded under section 10156 (formula grants) and section 10171 (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 10156 (formula 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.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 520 of
Amendments
2006—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(2).
1990—Subsec. (a)(2).
Effective Date of 2006 Amendment
Amendment by
§10202. 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.
(c)(1) Notwithstanding any other provision of law, a grantee that uses funds made available under this subchapter to purchase an armor vest or body armor shall—
(A) comply with any requirements established for the use of grants made under subchapter XXIV;
(B) have a written policy requiring uniformed patrol officers to wear an armor vest or body armor; and
(C) use the funds to purchase armor vests or body armor that meet any performance standards established by the Director of the Bureau of Justice Assistance.
(2) In this subsection, the terms "armor vest"and "body armor" have the meanings given such terms in
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 521 of
Amendments
2016—Subsec. (c).
§10203. 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 purposes of part A;
(2) a summary of the activities carried out in such year with any grant received under part B 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 and part B to such State for such fiscal year;
(2) the amount of such grants awarded for each of the purposes specified in part A;
(3) a summary of the information provided in compliance with paragraphs (1) and (2) of subsection (a);
(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.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 522 of
Amendments
2006—Subsec. (a).
Effective Date of 2006 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 10142(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—FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE PERSONNEL
§10211. 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), 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).
(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.
(
Codification
Section was formerly classified to
Another section 701 of
Prior Provisions
A prior section 701 of title I of
Another prior section 701 of
Amendments
1999—Subsec. (a)(1).
Subsec. (a)(3).
Subsecs. (d), (e).
Effective Date
Section effective Oct. 12, 1984, see section 609AA(a) of
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Federal Law Enforcement Training Center of the Department of the Treasury to the Secretary of Homeland Security, and for treatment of related references, see
Employment of Annuitants by Federal Law Enforcement Training Center
"(a) The Federal Law Enforcement Training Center may, for a period ending not later than December 31, 2018, appoint and maintain a cadre of up to 350 Federal annuitants: (1) without regard to any provision of
"(b) No appointment under this section may be made which would result in the displacement of any employee.
"(c) For purposes of this section—
"(1) the term 'Federal annuitant' means an employee who has retired under the Civil Service Retirement System, the Federal Employees' Retirement System, or any other retirement system for employees;
"(2) the term 'employee' has the meaning given such term by section 2105 of such title 5; and
"(3) the counting of Federal annuitants shall be done on a full time equivalent basis."
Annual Outstanding Student Award
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 VII—ADMINISTRATIVE PROVISIONS
§10221. 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, XIII, XIV, and XX, 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 to submit an annual performance report concerning activities carried out pursuant to part A of subchapter V together with an assessment by the applicant of the effectiveness of those activities in achieving the purposes of such part A and the relationships of those activities to the needs and objectives specified by the applicant in the application submitted pursuant to
(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.
(
Codification
Section was formerly classified to
Another section 801 of
Prior Provisions
A prior section 801 of
Amendments
2006—Subsec. (b).
1994—Subsec. (b).
1990—Subsec. (b).
1986—Subsec. (b).
1984—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date of 2006 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
§10222. Notice and hearing on denial or termination of grant
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.
(
Codification
Section was formerly classified to
Another section 802 of
Prior Provisions
A prior section 802 of
Amendments
2006—
2002—Subsec. (b).
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 10142(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
§10223. 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 be final and conclusive upon all applications.
(
Codification
Section was formerly classified to
Another section 803 of
Prior Provisions
A prior section 803 of
Amendments
2006—
1984—
Effective Date of 1984 Amendment
Amendment by section 609B(c) of
§10224. 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.
(
Codification
Section was formerly classified to
Prior Provisions
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 10142(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
§10225. 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
(
Codification
Section was formerly classified to
Prior Provisions
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
§10226. 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
The Federal Advisory Committee Act, referred to in subsec. (e), is
Codification
Section was formerly classified to
Prior Provisions
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 Title 42, The Public Health and Welfare, 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 10142(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
§10227. 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 responsible for the trust fund required by
(
References in Text
Section 1408, referred to in text, is section 1408 of
Codification
Section was formerly classified to
Prior Provisions
A prior section 808 of
Amendments
2006—
1994—
1990—
1986—
Effective Date of 2006 Amendment
Amendment by
Effective Date
Section effective Oct. 12, 1984, see section 609AA(a) of
1 See References in Text note below.
§10228. 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 section 804 1.
(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.
(
References in Text
Section 804, referred to in subsec. (c)(2)(H), is section 804 of title I of
Codification
Section was formerly classified to
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
1 See References in Text note below.
§10229. 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.
(
Codification
Section was formerly classified to
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 10142(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
§10230. 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.
(
Codification
Section was formerly classified to
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
§10231. Confidentiality of information
(a) Research or statistical information; immunity from process; prohibition against admission as evidence or use in any proceedings
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.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 812 of
Amendments
2006—Subsec. (a).
1984—Subsecs. (b), (c).
Effective Date of 1984 Amendment
Amendment by section 609B(k) of
Construction
Terms "this chapter" and "this section", as such terms appear in this section, deemed to be references to
§10232. 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.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 813 of
Amendments
1984—
Effective Date of 1984 Amendment
Amendment by section 609B(m) of
§10233. Prohibition on land acquisition
No funds under this chapter shall be used for land acquisition.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 814 of
§10234. 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.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 815 of
§10235. 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.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 816 of
Amendments
1984—
Effective Date of 1984 Amendment
Amendment by section 609B(n) of
§10236. 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.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 817 of
§10237. 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.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 818 of
§10238. Accountability and oversight
(a) Report by grant recipients
The Attorney General or Secretary of Health and Human Services, as applicable, shall require grantees under any program authorized or reauthorized by this division or an amendment made by this division to report on the effectiveness of the activities carried out with amounts made available to carry out that program, including number of persons served, if applicable, numbers of persons seeking services who could not be served and such other information as the Attorney General or Secretary may prescribe.
(b) Report to Congress
The Attorney General or Secretary of Health and Human Services, as applicable, shall report biennially to the Committees on the Judiciary of the House of Representatives and the Senate on the grant programs described in subsection (a), including the information contained in any report under that subsection.
(
References in Text
This division, referred to in subsec. (a), is division B of
Codification
Section was enacted as part of the Violence Against Women Act of 2000, and also as part of the Victims of Trafficking and Violence Protection Act of 2000, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
Section was formerly classified to
SUBCHAPTER VIII—DEFINITIONS
§10251. 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 purposes 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 that performs law enforcement functions, as determined by the Secretary of the Interior; or
(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, plan, 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, including faith-based, that 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);
(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;
(26) the term "Indian Tribe" has the meaning given the term "Indian tribe" in
(27) the term "private person" means any individual (including an individual acting in his official capacity) and any private partnership, corporation, association, organization, or entity (or any combination thereof); and
(28) the term "hearing examiner" includes any medical or claims examiner.
(b) Data basis for definitions; reflection of technical changes or modifications
Where appropriate, the definitions in subsection (a) 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) 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.
(
Codification
Section was formerly classified to
Another section 901 of
Amendments
2013—Subsec. (a)(28).
2006—Subsec. (a)(2).
Subsec. (a)(3)(C).
Subsec. (a)(5).
Subsec. (a)(11).
Subsec. (a)(26), (27).
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 2013 Amendment
"(1)
"(A) take effect on the date of enactment of this Act [Jan. 2, 2013]; and
"(B) apply to any matter pending, before the Bureau of Justice Assistance or otherwise, on the date of enactment of this Act, or filed (consistent with pre-existing effective dates) or accruing after that date.
"(2)
"(A)
"(B)
[
[
[
Effective Date of 2006 Amendment
Amendment by section 1111(c)(2)(F) of
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 IX—FUNDING
§10261. 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, part F,1 subchapters VI, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, part V,1 subchapters XXII, and XXIII or 2 XXX.
(4) There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out subchapter XI 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) 3 (other than subpart 1 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 4 1994 and 1995 to carry out subpart 1 of part B of subchapter V of this chapter.
(7) There is authorized to be appropriated to carry out subchapter XIII $1,000,000 for each of fiscal years 2001 through 2005.
(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 4 1994 and 1995.
(9) There are authorized to be appropriated to carry out subchapter XIV—
(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 5 authorized to be appropriated $10,000,000 for each of the fiscal years 1994, 1995, and 1996 to carry out projects under subchapter XV.
(11)(A) There are authorized to be appropriated to carry out subchapter XVI, to remain available until expended $1,047,119,000 for each of fiscal years 2006 through 2009.
(B) Of funds available under subchapter XVI in any fiscal year, up to 3 percent may be used for technical assistance under
(16) 6 There are authorized to be appropriated to carry out projects under subchapter XVII—
(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 XVIII—
(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 is authorized to be appropriated to carry out subchapter XIX $222,000,000 for each of fiscal years 2014 through 2018.
(19) There is authorized to be appropriated to carry out subchapter XX $73,000,000 for each of fiscal years 2014 through 2018. Funds appropriated under this paragraph shall remain available until expended.
(20) There are authorized to be appropriated to carry out part V,1 $10,000,000 for each of fiscal years 2001 through 2004.
(21) There are authorized to be appropriated to carry out subchapter XXII, $7,500,000 for each of fiscal years 2020 through 2024.
(22) There are authorized to be appropriated to carry out subchapter XXIII—
(1) 7 $1,000,000 for fiscal year 1996;
(2) 7 $3,000,000 for fiscal year 1997;
(3) 7 $5,000,000 for fiscal year 1998;
(4) 7 $13,500,000 for fiscal year 1999; and
(5) 7 $17,500,000 for fiscal year 2000.
(23) There is authorized to be appropriated to carry out subchapter XXIV, $30,000,000 for fiscal year 2020, and each fiscal year thereafter.
(24) There are authorized to be appropriated to carry out subchapter XXVII, to remain available until expended—
(A) $35,000,000 for fiscal year 2001;
(B) $85,400,000 for fiscal year 2002;
(C) $134,733,000 for fiscal year 2003;
(D) $128,067,000 for fiscal year 2004;
(E) $56,733,000 for fiscal year 2005;
(F) $42,067,000 for fiscal year 2006;
(G) $20,000,000 for fiscal year 2007;
(H) $20,000,000 for fiscal year 2008;
(I) $20,000,000 for fiscal year 2009; and
(J) $13,500,000 for fiscal year 2017;
(K) $18,500,000 for fiscal year 2018;
(L) $19,000,000 for fiscal year 2019;
(M) $21,000,000 for fiscal year 2020; and
(N) $23,000,000 for fiscal year 2021.
(25)(A) Except as provided in subparagraph (C), there is authorized to be appropriated to carry out subchapter XXX $75,000,000 for each of fiscal years 2018 through 2023.
(B) The Attorney General shall reserve not less than 1 percent and not more than 4.5 percent of the sums appropriated for this program in each fiscal year for research and evaluation of this program.
(C) No funds made available to carry out subchapter XXX shall be expended if the Attorney General fails to submit the report required to be submitted under section 2401(c) of title II of Division B of the 21st Century Department of Justice Appropriations Authorization Act.1
(26) There are authorized to be appropriated to carry out subchapter XXVIII $10,000,000 for each of fiscal years 2009 and 2010.
(27) There are authorized to be appropriated to carry out subchapter XXXVIII $103,000,000 for each of fiscal years 2017 and 2018, and $330,000,000 for each of fiscal years 2019 through 2023.
(28) There are authorized to be appropriated to carry out section 10741(a)(4) 1 of subchapter XL $5,000,000 for each of fiscal years 2019, 2020, 2021, 2022, and 2023.
(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
Part F, referred to in subsec. (a)(3), is part F of title I of
Part V, referred to in subsec. (a)(3), (20), is former part V of title I of
Section 2401(c) of title II of Division B of the 21st Century Department of Justice Appropriations Authorization Act, referred to in subsec. (a)(25)(C), probably means section 2301(c) of title II of div. B of
Section 10741(a)(4) of subchapter XL, referred to in subsec. (a)(28), was in the original "section 3031(a)(4) of part NN", and was translated as meaning section 3041(a)(4) of part NN of title I of
Codification
Section was formerly classified to
Another section 1001 of
Amendments
2019—Subsec. (a)(21).
Subsec. (a)(23).
2018—Subsec. (a)(25)(A).
"(i) $50,000,000 for fiscal year 2002;
"(ii) $54,000,000 for fiscal year 2003;
"(iii) $58,000,000 for fiscal year 2004; and
"(iv) $60,000,000 for fiscal year 2005.
"(v) $70,000,000 for each of fiscal years 2007 and 2008.
"(v) $70,000,000 for fiscal year 2006."
Subsec. (a)(27).
Subsec. (a)(28).
2016—Subsec. (a)(23).
Subsec. (a)(24)(J) to (N).
Subsec. (a)(27).
2013—Subsec. (a)(18).
Subsec. (a)(19).
2008—Subsec. (a)(23).
Subsec. (a)(26).
2006—Subsec. (a)(11)(A).
Subsec. (a)(11)(B).
Subsec. (a)(18).
Subsec. (a)(19).
Subsec. (a)(23).
Subsec. (a)(25)(A)(v).
2004—Subsec. (a)(23).
Subsec. (a)(24).
Subsec. (a)(24)(G) to (I).
Subsec. (a)(25).
2002—Subsec. (a)(3).
Subsec. (a)(25).
2000—Subsec. (a)(7).
"(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."
Subsec. (a)(18).
"(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."
Subsec. (a)(19).
"(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."
Subsec. (a)(20).
Subsec. (a)(23).
Subsec. (a)(24).
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 2013 Amendment
Amendment by
Effective Date of 2006 Amendment
Effective Date of 1994 Amendment
Amendment by section 210302(c)(3) of
Effective Date of 1984 Amendment
Amendment by
Construction of 2008 Amendment
For construction of amendments by
Use of Funds Available Under Former Subsection (a)(20)
Financial Support for Programs, etc., Devoted to International Aspects of Crime Prevention and Criminal Justice
1 See References in Text note below.
3 So in original. Phrase "(other than subpart 2 of part B)" probably should not appear.
4 So in original. Probably should be "years".
5 So in original. Probably should be "is".
6 So in original. No pars. (12) to (15) have been enacted.
§10262. State and local governments to consider courts
The Attorney General may require, as appropriate, that whenever a State or unit of local government or Indian tribe applies for a grant from the Department of Justice, the State, unit, or tribe demonstrate that, in developing the application and distributing funds, the State, unit, or tribe—
(1) considered the needs of the judicial branch of the State, unit, or tribe, as the case may be;
(2) consulted with the chief judicial officer of the highest court of the State, unit, or tribe, as the case may be; and
(3) consulted with the chief law enforcement officer of the law enforcement agency responsible for the security needs of the judicial branch of the State, unit, or tribe, as the case may be.
(
Codification
Section was enacted as part of the Court Security Improvement Act of 2007, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
Section was formerly classified to
§10263. Oversight and accountability
All grants awarded by the Department of Justice that are authorized under this Act shall be subject to the following:
(1) Audit requirement
Beginning in fiscal year 2016, and each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this Act to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year.
(2) Mandatory exclusion
A recipient of grant funds under this Act that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this Act during the 2 fiscal years beginning after the 12-month period described in paragraph (5).
(3) Priority
In awarding grants under this Act, the Attorney General shall give priority to eligible entities that, during the 3 fiscal years before submitting an application for a grant under this Act, did not have an unresolved audit finding showing a violation in the terms or conditions of a Department of Justice grant program.
(4) Reimbursement
If an entity is awarded grant funds under this Act during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Attorney General shall—
(A) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and
(B) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
(5) Defined term
In this section, the term "unresolved audit finding" means an audit report finding in the final audit report of the Inspector General of the Department of Justice that the grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within a 12-month period beginning on the date when the final audit report is issued.
(6) Nonprofit organization requirements
(A) Definition
For purposes of this section and the grant programs described in this Act, the term "nonprofit organization" means an organization that is described in
(B) Prohibition
The Attorney General shall not award a grant under any grant program described in this Act to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in
(C) Disclosure
Each nonprofit organization that is awarded a grant under a grant program described in this Act and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subsection available for public inspection.
(7) Administrative expenses
Unless otherwise explicitly provided in authorizing legislation, not more than 7.5 percent of the amounts authorized to be appropriated under this Act may be used by the Attorney General for salaries and administrative expenses of the Department of Justice.
(8) Conference expenditures
(A) Limitation
No amounts authorized to be appropriated to the Department of Justice under this Act may be used by the Attorney General or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or the appropriate Assistant Attorney General, Director, or principal deputy as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host a conference.
(B) Written approval
Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audio/visual equipment, honoraria for speakers, and any entertainment.
(C) Report
The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all conference expenditures approved by operation of this paragraph.
(9) Prohibition on lobbying activity
(A) In general
Amounts authorized to be appropriated under this Act may not be utilized by any grant recipient to—
(i) lobby any representative of the Department of Justice regarding the award of grant funding; or
(ii) lobby any representative of a Federal, State, local, or tribal government regarding the award of grant funding.
(B) Penalty
If the Attorney General determines that any recipient of a grant under this Act has violated subparagraph (A), the Attorney General shall—
(i) require the grant recipient to repay the grant in full; and
(ii) prohibit the grant recipient from receiving another grant under this Act for not less than 5 years.
(10) Preventing duplicative grants
(A) In general
Before the Attorney General awards a grant to an applicant under this Act, the Attorney General shall compare potential grant awards with other grants awarded under this Act to determine whether duplicate grants are awarded for the same purpose.
(B) Report
If the Attorney General awards duplicate grants to the same applicant for the same purpose, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes—
(i) a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and
(ii) the reason the Attorney General awarded the duplicate grants.
(
References in Text
This Act, referred to in text, is
Codification
This section was enacted as part of the Justice for All Reauthorization Act of 2016, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
Section was formerly classified to
SUBCHAPTER X—CRIMINAL PENALTIES
§10271. 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.
(
Codification
Section was formerly classified to
Another section 1101 of
Amendments
1984—
Effective Date of 1984 Amendment
Amendment by
§10272. 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
(
Codification
Section was formerly classified to
Prior Provisions
Provisions similar to this section were contained in former
§10273. 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
(
Codification
Section was formerly classified to
Prior Provisions
Provisions similar to this section were contained in former
Amendments
1984—
Effective Date of 1984 Amendment
Amendment by
SUBCHAPTER XI—PUBLIC SAFETY OFFICERS' DEATH BENEFITS
Part A—Death Benefits
§10281. 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 $250,000, adjusted in accordance with subsection (h), as follows (if the payee indicated is living on the date on which the determination is made)—
(1) if there is no child who survived the public safety officer, to the surviving spouse of the public safety officer;
(2) if there is at least 1 child who survived the public safety officer and a surviving spouse of the public safety officer, 50 percent to the surviving child (or children, in equal shares) and 50 percent to the surviving spouse;
(3) if there is no surviving spouse of the public safety officer, to the surviving child (or children, in equal shares);
(4) if there is no surviving spouse of the public safety officer and no surviving child—
(A) to the surviving individual (or individuals, in shares per the designation, or, otherwise, in equal shares) designated by the public safety officer to receive benefits under this subsection in the most recently executed designation of beneficiary of the public safety officer on file at the time of death with the public safety agency, organization, or unit; or
(B) if there is no individual qualifying under subparagraph (A), to the surviving individual (or individuals, in equal shares) designated by the public safety officer to receive benefits under the most recently executed life insurance policy of the public safety officer on file at the time of death with the public safety agency, organization, or unit;
(5) if there is no individual qualifying under paragraph (1), (2), (3), or (4), to the surviving parent (or parents, in equal shares) of the public safety officer; or
(6) if there is no individual qualifying under paragraph (1), (2), (3), (4), or (5), to the surviving individual (or individuals, in equal shares) who would qualify under the definition of the term "child" under
(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 and proximate result of a personal injury sustained in the line of duty, the Bureau shall pay the same benefit to the public safety officer (if living on the date on which the determination is made) that is payable under subsection (a) with respect to the date on which the catastrophic injury occurred, as adjusted in accordance with subsection (h): Provided, That 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 the amount payable under this subsection shall be the amount payable as of the date of catastrophic injury of such public safety officer.
(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) 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) 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;
(2) benefits authorized by
(3) payments under the September 11th Victim Compensation Fund of 2001 (
(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), 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) with respect to the death of a public safety officer shall be the amount payable under subsection (a) 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.
(k) Death by heart attack, stroke, or vascular rupture; presumption
As determined by the Bureau, a heart attack, stroke, or vascular rupture suffered by a public safety officer shall be presumed to constitute a personal injury within the meaning of subsection (a), sustained in the line of duty by the officer and directly and proximately resulting in death, if—
(1) the public safety officer, while on duty—
(A) engages in a situation involving nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison security, disaster relief, or other emergency response activity; or
(B) participates in a training exercise involving nonroutine stressful or strenuous physical activity;
(2) the heart attack, stroke, or vascular rupture commences—
(A) while the officer is engaged or participating as described in paragraph (1);
(B) while the officer remains on that duty after being engaged or participating as described in paragraph (1); or
(C) not later than 24 hours after the officer is engaged or participating as described in paragraph (1); and
(3) the heart attack, stroke, or vascular rupture directly and proximately results in the death of the public safety officer,
unless competent medical evidence establishes that the heart attack, stroke, or vascular rupture was unrelated to the engagement or participation or was directly and proximately caused by something other than the mere presence of cardiovascular-disease risk factors.
(l) Definition
For purposes of subsection (k), "nonroutine stressful or strenuous physical" excludes actions of a clerical, administrative, or nonmanual nature.
(m) Suspension or end of collection action
The Bureau may suspend or end collection action on an amount disbursed pursuant to a statute enacted retroactively or otherwise disbursed in error under subsection (a) or (c), where such collection would be impractical, or would cause undue hardship to a debtor who acted in good faith.
(n) Confidentiality
The public safety agency, organization, or unit responsible for maintaining on file an executed designation of beneficiary or executed life insurance policy for purposes of subsection (a)(4) shall maintain the confidentiality of the designation or policy in the same manner as the agency, organization, or unit maintains personnel or other similar records of the public safety officer.
(
References in Text
Section 12 of the Act of September 1, 1916, referred to in subsec. (f)(1), is section 12 of act Sept. 1, 1916, ch. 433,
The September 11th Victim Compensation Fund of 2001, referred to in subsec. (f)(3), is title IV of
Codification
Section was formerly classified to
Prior Provisions
A prior section 1201 of title I of
Another prior section 1201 of
Amendments
2013—Subsec. (a).
Subsec. (b).
Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (f)(3).
Subsec. (k).
Subsec. (n).
2006—Subsec. (a)(4).
Subsec. (a)(6).
Subsec. (m).
2003—Subsecs. (k), (l).
2002—Subsec. (a)(4), (5).
2001—Subsec. (a).
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 2013 Amendment
Amendment by
Effective Date of 2002 Amendment
Effective Date of 2001 Amendment
Effective Date of 1992 Amendment
Effective Date of 1990 Amendment
Effective Date of 1988 Amendment
Effective Date
Subchapter effective Oct. 1, 1984, and inapplicable with respect to injuries sustained before Oct. 1, 1984, see section 609AA(b)(1) of
§10282. Limitations on benefits
(a) In general
No benefit shall be paid under this subchapter—
(1) if the fatal 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, disability, or injury;
(2) if the public safety officer was voluntarily intoxicated at the time of his fatal or catastrophic injury;
(3) if the public safety officer was performing his duties in a grossly negligent manner at the time of his fatal 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 fatal or catastrophic injury of the public safety officer; or
(5) with respect to any individual employed in a capacity other than a civilian capacity.
(b) Presumption
In determining whether a benefit is payable under this subchapter, the Bureau—
(1) shall presume that none of the limitations described in subsection (a) apply; and
(2) shall not determine that a limitation described in subsection (a) applies, absent clear and convincing evidence.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 1202 of title I of
Another prior section 1202 of
Amendments
2017—
2013—
Par. (1).
2006—Par. (5).
1990—Pars. (1) to (4).
Effective Date of 2017 Amendment
"(1) take effect on the date of enactment of this Act [June 2, 2017]; and
"(2) apply to any benefit claim or application under part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
"(A) pending before the Bureau of Justice Assistance on the date of enactment; or
"(B) received by the Bureau on or after the date of enactment of this Act."
Effective Date of 2013 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
§10283. National programs for families of public safety officers who have sustained fatal or catastrophic injury in the 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 sustained fatal or catastrophic injury in the line of duty.
(
Codification
Section was formerly classified to
Prior Provisions
A prior section 1203 of
Another prior section 1203 of
Amendments
2013—
1998—
Effective Date of 2013 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 10142(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
§10284. Definitions
As used in this subchapter—
(1) "catastrophic injury" means an injury, the direct and proximate consequences of which permanently prevent an individual from performing any gainful work;
(2) "chaplain" includes any individual serving as an officially recognized or designated member of a legally organized volunteer fire department or legally organized police department, or an officially recognized or designated public employee of a legally organized fire or police department who was responding to a fire, rescue, or police emergency;
(3) "child" means any natural, illegitimate, adopted, or posthumous child or stepchild of a deceased or permanently and totally disabled public safety officer who, at the time of the public safety officer's fatal or catastrophic injury, is—
(A) 18 years of age or under;
(B) over 18 years of age and a student as defined in
(C) over 18 years of age and incapable of self-support because of physical or mental disability;
(4) "firefighter" includes an individual serving as an officially recognized or designated member of a legally organized volunteer fire department;
(5) "intoxication" means a disturbance of mental or physical faculties resulting from the introduction of alcohol into the body as evidenced by—
(A) a post-injury blood alcohol level of .20 per centum or greater; or
(B) a post-injury 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 fatal or catastrophic injury;
or resulting from drugs or other substances in the body;
(6) "law enforcement officer" means an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the criminal laws (including juvenile delinquency).,1 including, but not limited to, police, corrections, probation, parole, and judicial officers;
(7) "member of a rescue squad or ambulance crew" means an officially recognized or designated employee or volunteer member of a rescue squad or ambulance crew (including a ground or air ambulance service) that—
(A) is a public agency; or
(B) is (or is a part of) a nonprofit entity serving the public that—
(i) is officially authorized or licensed to engage in rescue activity or to provide emergency medical services; and
(ii) engages in rescue activities or provides emergency medical services as part of an official emergency response system;
(8) "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
(9) "public safety officer" means—
(A) an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, as a firefighter, or as a chaplain;
(B) an employee of the Federal Emergency Management Agency who is performing official duties of the Agency in an area, if those official duties—
(i) are related to a major disaster or emergency that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(ii) are determined by the Administrator of the Federal Emergency Management Agency to be hazardous duties;
(C) an employee of a State, local, or tribal emergency management or civil defense agency who is performing official duties in cooperation with the Federal Emergency Management Agency in an area, if those official duties—
(i) are related to a major disaster or emergency that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(ii) are determined by the head of the agency to be hazardous duties;
(D) a member of a rescue squad or ambulance crew who, as authorized or licensed by law and by the applicable agency or entity, is engaging in rescue activity or in the provision of emergency medical services; or
(E) an individual appointed to the National Disaster Medical System under
(i) related to responding to a public health emergency or potential public health emergency, or other activities for which the Secretary of Health and Human Services has activated such National Disaster Medical System; and
(ii) determined by the Secretary of Health and Human Services to be hazardous.
(
Amendment of Section
For termination of amendment by section 301(d)(2) of
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in par. (9), is
Codification
Section was formerly classified to
Prior Provisions
A prior section 1204 of
Amendments
2019—Par. (9)(E).
2013—Par. (1).
Par. (3).
Par. (5).
Par. (7).
Par. (9)(A).
Par. (9)(D).
2006—Par. (4).
Par. (6).
Pars. (7) to (9).
2002—Pars. (2) to (7).
Par. (8).
2000—Par. (7).
1994—Par. (3).
1990—Par. (1).
Par. (2).
Pars. (3) to (7).
1988—Pars. (2) to (7).
1986—
Change of Name
"Administrator of the Federal Emergency Management Agency" substituted for "Director of the Federal Emergency Management Agency" in par. (9)(B)(ii) on authority of section 612(c) of
Termination Date of 2019 Amendment
Effective Date of 2013 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 2000 Amendment
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by section 6105(d) of
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
1 So in original. The period probably should not appear.
§10285. 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. Rules, regulations, and procedures issued under this subchapter may include regulations based on standards developed by another Federal agency for programs related to public safety officer death or disability claims. 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
(1) In making determinations under
(2) In making a determination under
(3) If the head of a State, local, or Federal administrative or investigative agency, in consultation with the principal legal officer of the agency, provides a certification of facts regarding eligibility for death or disability benefits, the Bureau shall adopt the factual findings, if the factual findings are supported by substantial evidence.
(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.
(d) References to provisions outside this subchapter
Unless expressly provided otherwise, any reference in this subchapter to any provision of law not in this subchapter shall be understood to constitute a general reference under the doctrine of incorporation by reference, and thus to include any subsequent amendments to the provision.
(e) Reports on claims under this subchapter
(1)(A) Not later than 30 days after June 2, 2017, the Bureau shall make available on the public website of the Bureau information on all death, disability, and educational assistance claims submitted under this subchapter that are pending as of the date on which the information is made available.
(B) Not less frequently than once per week, the Bureau shall make available on the public website of the Bureau updated information with respect to all death, disability, and educational assistance claims submitted under this subchapter that are pending as of the date on which the information is made available.
(C) The information made available under this paragraph shall include—
(i) for each pending claim—
(I) the date on which the claim was submitted to the Bureau;
(II) the State of residence of the claimant;
(III) an anonymized, identifying claim number; and
(IV) the nature of the claim; and
(ii) the total number of pending claims that were submitted to the Bureau more than 1 year before the date on which the information is made available.
(2) Not later than 180 days after June 2, 2017, the Bureau shall publish on the public website of the Bureau a report, and shall update such report on such website not less than once every 180 days thereafter, containing—
(A) the total number of claims for which a final determination has been made during the 180-day period preceding the report;
(B) the amount of time required to process each claim for which a final determination has been made during the 180-day period preceding the report;
(C) as of the last day of the 180-day period preceding the report, the total number of claims submitted to the Bureau on or before that date for which a final determination has not been made;
(D) as of the last day of the 180-day period preceding the report, the total number of claims submitted to the Bureau on or before the date that is 1 year before that date for which a final determination has not been made;
(E) for each claim described in subparagraph (D), a detailed description of the basis for delay;
(F) as of the last day of the 180-day period preceding the report, the total number of claims submitted to the Bureau on or before that date relating to exposure due to the September 11th, 2001, terrorism attacks for which a final determination has not been made;
(G) as of the last day of the 180-day period preceding the report, the total number of claims submitted to the Bureau on or before the date that is 1 year before that date relating to exposure due to the September 11th, 2001, terrorism attacks for which a final determination has not been made;
(H) for each claim described in subparagraph (G), a detailed description of the basis for delay;
(I) the total number of claims submitted to the Bureau relating to exposure due to the September 11th, 2001, terrorism attacks for which a final determination was made during the 180-day period preceding the report, and the average award amount for any such claims that were approved;
(J) the result of each claim for which a final determination was made during the 180-day period preceding the report, including the number of claims rejected and the basis for any denial of benefits;
(K) the number of final determinations which were appealed during the 180-day period preceding the report, regardless of when the final determination was first made;
(L) the average number of claims processed per reviewer of the Bureau during the 180-day period preceding the report;
(M) for any claim submitted to the Bureau that required the submission of additional information from a public agency, and for which the public agency completed providing all of the required information during the 180-day period preceding the report, the average length of the period beginning on the date the public agency was contacted by the Bureau and ending on the date on which the public agency submitted all required information to the Bureau;
(N) for any claim submitted to the Bureau for which the Bureau issued a subpoena to a public agency during the 180-day period preceding the report in order to obtain information or documentation necessary to determine the claim, the name of the public agency, the date on which the subpoena was issued, and the dates on which the public agency was contacted by the Bureau before the issuance of the subpoena; and
(O) information on the compliance of the Bureau with the obligation to offset award amounts under
(i) the number of claims that are eligible for compensation under both this subchapter and the September 11th Victim Compensation Fund of 2001 (
(ii) for each claim described in clause (i) for which compensation has been paid under the VCF, the amount of compensation paid under the VCF;
(iii) the number of claims described in clause (i) for which the Bureau has made a final determination; and
(iv) the number of claims described in clause (i) for which the Bureau has not made a final determination.
(3) Not later than 2 years after June 2, 2017, and 2 years thereafter, the Comptroller General of the United States shall—
(A) conduct a study on the compliance of the Bureau with the obligation to offset award amounts under
(B) submit to Congress a report on the study conducted under subparagraph (A) that includes an assessment of whether the Bureau has provided the information required under subparagraph (B)(ix) 1 of paragraph (2) of this subsection in each report required under that paragraph.
(4) In this subsection, the term "nature of the claim" means whether the claim is a claim for—
(A) benefits under this part with respect to the death of a public safety officer;
(B) benefits under this part with respect to the disability of a public safety officer; or
(C) education assistance under part B.
(
References in Text
The September 11th Victim Compensation Fund of 2001, referred to in subsec. (e)(2)(O)(i), is title IV of
Codification
Section was formerly classified to
Amendments
2017—Subsec. (a).
Subsec. (b).
Subsec. (e).
2013—Subsec. (d).
1998—Subsec. (c).