US (United States) Code. Title 42. Chapter 136: Violent crime control and law enforcement

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW

ENFORCEMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

-HEAD-

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

-MISC1-

SUBCHAPTER I - PRISONS

PART A - VIOLENT OFFENDER INCARCERATION AND TRUTH-IN-SENTENCING

INCENTIVE GRANTS

Sec.

13701. Definitions.

13702. Authorization of grants.

(a) In general.

(b) Regional compacts.

(c) Applicability.

13703. Violent offender incarceration grants.

(a) Eligibility for minimum grant.

(b) Additional amount for increased percentage of

persons sentenced and time served.

(c) Additional amount for increased rate of

incarceration and percentage of sentence

served.

13704. Truth-in-sentencing incentive grants.

(a) Eligibility.

(b) Exception.

13705. Special rules.

(a) Sharing of funds with counties and other units

of local government.

(b) Use of truth-in-sentencing and violent offender

incarceration grants.

(c) Funds for juvenile offenders.

(d) Private facilities.

(e) "Part 1 violent crime" defined.

13706. Formula for grants.

(a) Allocation of violent offender incarceration

grants under section 13703.

(b) Allocation of truth-in-sentencing grants under

section 13704.

(c) Unavailable data.

(d) Regional compacts.

13707. Accountability.

(a) Fiscal requirements.

(b) Administrative provisions.

13708. Authorization of appropriations.

(a) In general.

(b) Limitations on funds.

13709. Payments for incarceration on tribal lands.

(a) Reservation of funds.

(b) Grants to Indian tribes.

(c) Applications.

13710. Payments to eligible States for incarceration of

criminal aliens.

(a) In general.

(b) Authorization of appropriations.

(c) Administration.

(d) Report to Congress.

13711. Support of Federal prisoners in non-Federal

institutions.

(a) In general.

(b) Authorization of appropriations.

13712. Report by Attorney General.

13713. Aimee's Law.

(a) Short title.

(b) Definitions.

(c) Penalty.

(d) State applications.

(e) Source of funds.

(f) Construction.

(g) Exception.

(h) Report.

(i) Collection of recidivism data.

(j) Effective date.

PART B - MISCELLANEOUS PROVISIONS

13721. Task force on prison construction standardization and

techniques.

(a) Task force.

(b) Cooperation.

(c) Performance requirements.

(d) Dissemination.

(e) Promotion and evaluation.

13722. Efficiency in law enforcement and corrections.

(a) In general.

(b) Assessment of construction components and

designs.

13723. Congressional approval of any expansion at Lorton and

congressional hearings on future needs.

(a) Congressional approval.

(b) Senate hearings.

(c) "Expanded" and "expansion" defined.

13724. Conversion of closed military installations into

Federal prison facilities.

(a) Study of suitable bases.

(b) Suitability for conversion.

(c) Time for study.

(d) Construction of Federal prisons.

(e) "Base closure law" defined.

13725. Correctional job training and placement.

(a) Purpose.

(b) Definitions.

(c) Establishment of Office.

(d) Functions of Office.

13726. Findings.

13726a. Definitions.

13726b. Federal regulation of prisoner transport companies.

(a) In general.

(b) Standards and requirements.

(c) Federal standards.

13726c. Enforcement.

SUBCHAPTER II - CRIME PREVENTION

PART A - OUNCE OF PREVENTION COUNCIL

13741. Ounce of Prevention Council.

(a) Establishment.

(b) Program coordination.

(c) Administrative responsibilities and powers.

13742. Ounce of prevention grant program.

(a) In general.

(b) Applicants.

(c) Priority.

(d) Federal share.

13743. "Indian tribe" defined.

13744. Authorization of appropriations.

PART B - LOCAL CRIME PREVENTION BLOCK GRANT PROGRAM

13751. Payments to local governments.

(a) Payment and use.

(b) Timing of payments.

(c) Adjustments.

(d) Reservation for adjustments.

(e) Repayment of unexpended amounts.

(f) Nonsupplanting requirement.

13752. Authorization of appropriations.

(a) Authorization of appropriations.

(b) Administrative costs.

13753. Qualification for payment.

(a) In general.

(b) General requirements for qualification.

(c) Review by Governors.

(d) Sanctions for noncompliance.

13754. Allocation and distribution of funds.

(a) State distribution.

(b) Local distribution.

(c) Unavailability of information.

13755. Utilization of private sector.

13756. Public participation.

13757. Administrative provisions.

13758. Definitions.

PART C - MODEL INTENSIVE GRANT PROGRAMS

13771. Grant authorization.

(a) Establishment.

(b) Priority.

13772. Uses of funds.

(a) In general.

(b) Guidelines.

(c) Equitable distribution of funds.

13773. Program requirements.

(a) Description.

(b) Comprehensive plan.

(c) Evaluation.

13774. Applications.

13775. Reports.

13776. Definitions.

13777. Authorization of appropriations.

PART D - FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT PROGRAM

13791. Community schools youth services and supervision grant

program.

(a) Short title.

(b) Definitions.

(c) Program authority.

(d) Program requirements.

(e) Eligible community identification.

(f) Applications.

(g) Eligibility of participants.

(h) Peer review panel.

(i) Investigations and inspections.

(j) Payments; Federal share; non-Federal share.

(k) Evaluation.

13792. Repealed.

13793. Authorization of appropriations.

(a) In general.

(b) Programs.

PART E - ASSISTANCE FOR DELINQUENT AND AT-RISK YOUTH

13801. Grant authority.

(a) Grants.

(b) Applications.

(c) Consideration of applications.

(d) Reports.

(e) Definitions.

13802. Authorization of appropriations.

PART F - POLICE RECRUITMENT

13811. Grant authority.

(a) Grants.

(b) Qualified community organizations.

(c) Qualified programs.

(d) Applications.

(e) Action by Attorney General.

(f) Grant disbursement.

(g) Grant period.

(h) Grantee reporting.

(i) Guidelines.

13812. Authorization of appropriations.

PART G - NATIONAL COMMUNITY ECONOMIC PARTNERSHIP

SUBPART 1 - COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS

13821. Purpose.

13822. Provision of assistance.

(a) Authority.

(b) Revolving loan funds.

13823. Approval of applications.

(a) In general.

(b) Priority.

13824. Availability of lines of credit and use.

(a) Approval of application.

(b) Limitations on availability of amounts.

(c) Amounts drawn from line of credit.

(d) Use of revolving loan funds.

13825. Limitations on use of funds.

(a) Matching requirement.

(b) Technical assistance and administration.

(c) Local and private sector contributions.

(d) Use of proceeds from investments.

13826. Program priority for special emphasis programs.

(a) In general.

(b) Reservation of funds.

SUBPART 2 - EMERGING COMMUNITY DEVELOPMENT CORPORATIONS

13841. Community development corporation improvement grants.

(a) Purpose.

(b) Skill enhancement grants.

(c) Operating grants.

(d) Applications.

(e) Amount available for community development

corporation.

13842. Emerging community development corporation revolving

loan funds.

(a) Authority.

(b) Eligibility.

(c) Use of revolving loan fund.

(d) Use of proceeds from investments.

(e) Amounts available.

SUBPART 3 - MISCELLANEOUS PROVISIONS

13851. Definitions.

13852. Authorization of appropriations.

(a) In general.

(b) Earmarks.

(c) Amounts.

13853. Prohibition.

PART H - COMMUNITY-BASED JUSTICE GRANTS FOR PROSECUTORS

13861. Grant authorization.

(a) In general.

(b) Consultation.

13862. Use of funds.

13863. Applications.

(a) Eligibility.

(b) Requirements.

(c) Comprehensive plan.

13864. Allocation of funds; limitations on grants.

(a) Administrative cost limitation.

(b) Renewal of grants.

13865. Award of grants.

13866. Reports.

(a) Report to Attorney General.

(b) Report to Congress.

13867. Authorization of appropriations.

13868. Definitions.

PART I - FAMILY UNITY DEMONSTRATION PROJECT

13881. Purpose.

13882. Definitions.

13883. Authorization of appropriations.

(a) Authorization.

(b) Availability of appropriations.

SUBPART 1 - GRANTS TO STATES

13891. Authority to make grants.

(a) General authority.

(b) Preferences.

(c) Selection of grantees.

13892. Eligibility to receive grants.

13893. Report.

(a) In general.

(b) Contents.

SUBPART 2 - FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL

PRISONERS

13901. Authority of Attorney General.

(a) In general.

(b) General contracting authority.

(c) Use of State facilities.

13902. Requirements.

PART J - PREVENTION, DIAGNOSIS, AND TREATMENT OF TUBERCULOSIS IN

CORRECTIONAL INSTITUTIONS

13911. Prevention, diagnosis, and treatment of tuberculosis

in correctional institutions.

(a) Guidelines.

(b) Compliance.

(c) Grants.

(d) Definitions.

PART K - GANG RESISTANCE EDUCATION AND TRAINING

13921. Gang Resistance Education and Training projects.

(a) Establishment of projects.

(b) Authorization of appropriations.

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

PART A - SAFE STREETS FOR WOMEN

SUBPART 1 - SAFETY FOR WOMEN IN PUBLIC TRANSIT

13931. Grants for capital improvements to prevent crime in

public transportation.

(a) General purpose.

(b) Grants for lighting, camera surveillance, and

security phones.

(c) Reporting.

(d) Increased Federal share.

(e) Special grants for projects to study increasing

security for women.

(f) General requirements.

SUBPART 2 - ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT

13941. Training programs.

(a) In general.

(b) Training programs.

(c) Authorization of appropriations.

13942. Confidentiality of communications between sexual

assault or domestic violence victims and their

counselors.

(a) Study and development of model legislation.

(b) Report and recommendations.

(c) Review of Federal evidentiary rules.

13943. Information programs.

PART B - SAFE HOMES FOR WOMEN

SUBPART 1 - CONFIDENTIALITY FOR ABUSED PERSONS

13951. Confidentiality of abused person's address.

(a) Regulations.

(b) Requirements.

(c) Disclosure for certain purposes.

(d) Existing complications.

SUBPART 2 - DATA AND RESEARCH

13961. Research agenda.

(a) Request for contract.

(b) Declination of request.

(c) Report.

13962. State databases.

(a) In general.

(b) Consultation.

(c) Report.

(d) Authorization of appropriations.

13963. Number and cost of injuries.

(a) Study.

(b) Authorization of appropriations.

SUBPART 3 - RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT

13971. Rural domestic violence and child abuse enforcement

assistance.

(a) Grants.

(b) Definitions.

(c) Authorization of appropriations.

PART C - CIVIL RIGHTS FOR WOMEN

13981. Civil rights.

(a) Purpose.

(b) Right to be free from crimes of violence.

(c) Cause of action.

(d) Definitions.

(e) Limitation and procedures.

PART D - EQUAL JUSTICE FOR WOMEN IN COURTS

SUBPART 1 - EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL

IN STATE COURTS

13991. Grants authorized.

13992. Training provided by grants.

13993. Cooperation in developing programs in making grants

under this part.

13994. Authorization of appropriations.

(a) In general.

(b) Model programs.

(c) State Justice Institute.

SUBPART 2 - EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL

IN FEDERAL COURTS

14001. Authorization of circuit studies; education and

training grants.

(a) Studies.

(b) Matters for examination.

(c) Clearinghouse.

(d) Continuing education and training programs.

14002. Authorization of appropriations.

PART E - VIOLENCE AGAINST WOMEN ACT IMPROVEMENTS

14011. Payment of cost of testing for sexually transmitted

diseases.

(a) Omitted.

(b) Limited testing of defendants.

(c) Penalties for intentional transmission of HIV.

14012. National baseline study on campus sexual assault.

(a) Study.

(b) Report.

(c) Submission of report.

(d) "Campus sexual assaults" defined.

(e) Authorization of appropriations.

14013. Report on battered women's syndrome.

(a) Report.

(b) Components.

14014. Report on confidentiality of addresses for victims of

domestic violence.

(a) Report.

(b) Use of components.

14015. Report on recordkeeping relating to domestic violence.

14016. Enforcement of statutory rape laws.

(a) Sense of Senate.

(b) Justice Department program on statutory rape.

(c) Violence against women initiative.

PART F - NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION

14031. Grant program.

(a) In general.

(b) Eligibility.

14032. Authorization of appropriations.

14033. Application requirements.

14034. Disbursement.

14035. Technical assistance, training, and evaluations.

14036. Training programs for judges.

14037. Recommendations on intrastate communication.

14038. Inclusion in National Incident-Based Reporting System.

14039. Report to Congress.

14040. Definitions.

PART G - ELDER ABUSE, NEGLECT, AND EXPLOITATION, INCLUDING DOMESTIC

VIOLENCE AND SEXUAL ASSAULT AGAINST OLDER OR DISABLED INDIVIDUALS

14041. Definitions.

14041a. Training programs for law enforcement officers.

14041b. Authorization of appropriations.

PART H - DOMESTIC VIOLENCE TASK FORCE

14042. Task force.

(a) Establish.

(b) Uses of funds.

(c) Report.

(d) Definition.

(e) Authorization of appropriations.

SUBCHAPTER IV - DRUG CONTROL

14051. Increased penalties for drug-dealing in "drug-free"

zones.

14052. Enhanced penalties for illegal drug use in Federal

prisons and for smuggling drugs into Federal prisons.

(a) Declaration of policy.

(b) Sentencing guidelines.

(c) No probation.

14053. Violent crime and drug emergency areas.

(a) Definitions.

(b) Declaration of violent crime and drug emergency

areas.

(c) Procedure.

(d) Irrelevancy of population density.

(e) Requirements.

(f) Review period.

(g) Federal assistance.

(h) Duration of Federal assistance.

(i) Regulations.

(j) No effect on existing authority.

SUBCHAPTER V - CRIMINAL STREET GANGS

14061. Juvenile anti-drug and anti-gang grants in federally

assisted low-income housing.

14062. Gang investigation coordination and information

collection.

(a) Coordination.

(b) Data collection.

(c) Report.

(d) Authorization of appropriations.

SUBCHAPTER VI - CRIMES AGAINST CHILDREN

14071. Jacob Wetterling Crimes Against Children and Sexually

Violent Offender Registration Program.

(a) In general.

(b) Registration requirement upon release, parole,

supervised release, or probation.

(c) Registration of offender crossing State border.

(d) Penalty.

(e) Release of information.

(f) Immunity for good faith conduct.

(g) Compliance.

(h) Fingerprints.

(i) Grants to States for costs of compliance.

(j) Notice of enrollment at or employment by

institutions of higher education.

14072. FBI database.

(a) Definitions.

(b) Establishment.

(c) Registration requirement.

(d) Length of registration.

(e) Verification.

(f) Community notification.

(g) Notification of FBI of changes in residence.

(h) Fingerprints.

(i) Penalty.

(j) Release of information.

(k) Notification upon release.

14073. Immunity for good faith conduct.

SUBCHAPTER VII - RURAL CRIME

14081. Rural Crime and Drug Enforcement Task Forces.

(a) Establishment.

(b) Task force membership.

14082. Rural drug enforcement training.

(a) Specialized training for rural officers.

(b) Authorization of appropriations.

14083. More agents for Drug Enforcement Administration.

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS

TRAINING AND EDUCATION

PART A - POLICE CORPS

14091. Purposes.

14092. Definitions.

14093. Establishment of Office of the Police Corps and Law

Enforcement Education.

14094. Designation of lead agency and submission of State

plan.

(a) Lead agency.

(b) State plans.

14095. Scholarship assistance.

(a) Scholarships authorized.

(b) Reimbursement authorized.

(c) Use of scholarship.

(d) Agreement.

(e) Dependent child.

(f) Application.

14096. Selection of participants.

(a) In general.

(b) Selection criteria and qualifications.

(c) Recruitment of minorities.

(d) Enrollment of applicant.

(e) Leave of absence.

(f) Admission of applicants.

14097. Police Corps training.

(a) In general.

(b) Training sessions.

(c) Further training.

(d) Course of training.

(e) Evaluation of participants.

(f) Stipend.

14098. Service obligation.

(a) Swearing in.

(b) Rights and responsibilities.

(c) Discipline.

(d) Layoffs.

14099. State plan requirements.

14100. Repealed.

14101. Authorization of appropriations.

14102. Reports to Congress.

(a) In general.

(b) Contents.

PART B - LAW ENFORCEMENT SCHOLARSHIP PROGRAM

14111. Definitions.

14112. Allotment.

14113. Establishment of program.

(a) Use of allotment.

(b) Payments; Federal share; non-Federal share.

(c) Responsibilities of Director.

(d) Administrative expenses.

(e) Special rule.

(f) Supplementation of funding.

14114. Scholarships.

(a) Period of award.

(b) Use of scholarships.

14115. Eligibility.

(a) Scholarships.

(b) Ineligibility for student employment.

14116. State application.

(a) In general.

(b) Contents.

14117. Local application.

(a) In general.

(b) Contents.

(c) Priority.

14118. Scholarship agreement.

(a) In general.

(b) Contents.

(c) Service obligation.

14119. Authorization of appropriations.

(a) General authorization of appropriations.

(b) Uses of funds.

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

PART A - DNA IDENTIFICATION

14131. Quality assurance and proficiency testing standards.

(a) Publication of quality assurance and

proficiency testing standards.

(b) Administration of advisory board.

(c) Proficiency testing program.

14132. Index to facilitate law enforcement exchange of DNA

identification information.

(a) Establishment of index.

(b) Information.

(c) Failure to comply.

(d) Expungement of records.

14133. Federal Bureau of Investigation.

(a) Proficiency testing requirements.

(b) Privacy protection standards.

(c) Criminal penalty.

14134. Authorization of appropriations.

14135. Authorization of grants.

(a) Authorization of grants.

(b) Eligibility.

(c) Crimes without suspects.

(d) Analysis of samples.

(e) Restrictions on use of funds.

(f) Reports to the Attorney General.

(g) Reports to Congress.

(h) Expenditure records.

(i) Definition.

(j) Authorization of appropriations.

14135a. Collection and use of DNA identification information

from certain Federal offenders.

(a) Collection of DNA samples.

(b) Analysis and use of samples.

(c) Definitions.

(d) Qualifying Federal offenses.

(e) Regulations.

(f) Commencement of collection.

14135b. Collection and use of DNA identification information

from certain District of Columbia offenders.

(a) Collection of DNA samples.

(b) Analysis and use of samples.

(c) Definitions.

(d) Qualifying District of Columbia offenses.

(e) Commencement of collection.

(f) Authorization of appropriations.

14135c. Conditions of release generally.

14135d. Authorization of appropriations.

14135e. Privacy protection standards.

(a) In general.

(b) Permissive uses.

(c) Criminal penalty.

PART B - POLICE PATTERN OR PRACTICE

14141. Cause of action.

(a) Unlawful conduct.

(b) Civil action by Attorney General.

14142. Data on use of excessive force.

(a) Attorney General to collect.

(b) Limitation on use of data.

(c) Annual summary.

PART C - IMPROVED TRAINING AND TECHNICAL AUTOMATION

14151. Improved training and technical automation.

(a) Grants.

(b) Training and investigative assistance.

(c) Authorization of appropriations.

(d) Definitions.

PART D - OTHER STATE AND LOCAL AID

14161. Federal assistance to ease increased burdens on State

court systems.

(a) In general.

(b) Applications.

(c) Records.

(d) Authorization of appropriations.

SUBCHAPTER X - MOTOR VEHICLE THEFT PROTECTION

14171. Motor vehicle theft prevention program.

(a) In general.

(b) Uniform decal or device designs.

(c) Voluntary consent form.

(d) Specified conditions under which stops may be

authorized.

(e) Motor vehicles for hire.

(f) Notification of police.

(g) Regulations.

(h) Authorization of appropriations.

SUBCHAPTER XI - PROTECTIONS FOR THE ELDERLY

14181. Missing Alzheimer's Disease Patient Alert Program.

(a) Grant.

(b) Application.

(c) Eligible organization.

(d) Authorization of appropriations.

SUBCHAPTER XII - PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL

COMMISSION ON CRIME PREVENTION AND CONTROL

14191. Presidential summit.

14192. Establishment; committees and task forces;

representation.

(a) Establishment and appointment of members.

(b) Committees and task forces.

(c) Representation.

14193. Purposes.

14194. Responsibilities of Commission.

(a) In general.

(b) Crime and violence generally.

(c) Causes of demand for drugs.

(d) Violence in schools.

(e) Violence against women.

14195. Administrative matters.

(a) Chair.

(b) No additional pay or benefits; per diem.

(c) Vacancies.

(d) Meetings open to public.

14196. Staff and support services.

(a) Director.

(b) Staff.

(c) Civil service laws.

(d) Consultants.

(e) Staff of Federal agencies.

(f) Physical facilities.

14197. Powers.

(a) Hearings.

(b) Delegation.

(c) Access to information.

(d) Mail.

14198. Report; termination.

14199. Authorization of appropriations.

SUBCHAPTER XIII - VIOLENT CRIME REDUCTION TRUST FUND

14211. Creation of Violent Crime Reduction Trust Fund.

(a) Violent Crime Reduction Trust Fund.

(b) Transfers into Fund.

(c) Appropriations from Fund.

14212. Repealed.

14213. Extension of authorizations of appropriations for

fiscal years for which full amount authorized is not

appropriated.

14214. Flexibility in making of appropriations.

(a) Federal law enforcement.

(b) State and local law enforcement.

(c) Prevention.

(d) Definitions.

SUBCHAPTER XIV - MISCELLANEOUS

14221. Task force relating to introduction of nonindigenous

species.

14222. Coordination of substance abuse treatment and

prevention programs.

14223. Edward Byrne Memorial Formula Grant Program.

-End-

-CITE-

42 USC SUBCHAPTER I - PRISONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

-HEAD-

SUBCHAPTER I - PRISONS

-End-

-CITE-

42 USC Part A - Violent Offender Incarceration and

Truth-in-Sentencing Incentive

Grants 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part A - Violent Offender Incarceration and Truth-in-Sentencing

Incentive Grants

-HEAD-

PART A - VIOLENT OFFENDER INCARCERATION AND TRUTH-IN-SENTENCING

INCENTIVE GRANTS

-End-

-CITE-

42 USC Sec. 13701 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part A - Violent Offender Incarceration and Truth-in-Sentencing

Incentive Grants

-HEAD-

Sec. 13701. Definitions

-STATUTE-

Unless otherwise provided, for purposes of this part -

(1) the term "indeterminate sentencing" means a system by which

-

(A) the court may impose a sentence of a range defined by

statute; and

(B) an administrative agency, generally the parole board, or

the court, controls release within the statutory range;

(2) the term "part 1 violent crime" means murder and

nonnegligent manslaughter, forcible rape, robbery, and aggravated

assault as reported to the Federal Bureau of Investigation for

purposes of the Uniform Crime Reports; and

(3) the term "State" means a State of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, the United

States Virgin Islands, American Samoa, Guam, and the Northern

Mariana Islands.

-SOURCE-

(Pub. L. 103-322, title II, Sec. 20101, as added Pub. L. 104-134,

title I, Sec. 101[(a)] [title I, Sec. 114(a)], Apr. 26, 1996, 110

Stat. 1321, 1321-15; renumbered title I, Pub. L. 104-140, Sec.

1(a), May 2, 1996, 110 Stat. 1327.)

-MISC1-

PRIOR PROVISIONS

A prior section 13701, Pub. L. 103-322, title II, Sec. 20101,

Sept. 13, 1994, 108 Stat. 1815, related to grants for correctional

facilities prior to the general amendment of this part by Pub. L.

104-134.

SHORT TITLE OF 2000 AMENDMENTS

Pub. L. 106-560, Sec. 1, Dec. 21, 2000, 114 Stat. 2784, provided

that: "This Act [enacting sections 13726 to 13726c of this title]

may be cited as the 'Interstate Transportation of Dangerous

Criminals Act of 2000' or 'Jeanna's Act'."

Pub. L. 106-546, Sec. 1, Dec. 19, 2000, 114 Stat. 2726, provided

that: "This Act [enacting sections 14135 to 14135e of this title

and section 1565 of Title 10, Armed Forces, amending sections 3753,

3796kk-2, 14132, and 14133 of this title and sections 3563, 3583,

and 4209 of Title 18, Crimes and Criminal Procedure, enacting

provisions set out as notes under section 14135 of this title and

section 1565 of Title 10, and amending provisions set out as a note

under section 531 of Title 28, Judiciary and Judicial Procedure]

may be cited as the 'DNA Analysis Backlog Elimination Act of

2000'."

Pub. L. 106-386, div. B, Sec. 1001, Oct. 28, 2000, 114 Stat.

1491, provided that: "This division [see Tables for classification]

may be cited as the 'Violence Against Women Act of 2000'."

Pub. L. 106-297, Sec. 1, Oct. 13, 2000, 114 Stat. 1045, provided

that: "This Act [amending section 13704 of this title] may be cited

as the 'Death in Custody Reporting Act of 2000'."

SHORT TITLE OF 1996 AMENDMENTS

Pub. L. 104-236, Sec. 1, Oct. 3, 1996, 110 Stat. 3093, provided

that: "This Act [enacting sections 14072 and 14073 of this title,

amending section 14071 of this title, and enacting provisions set

out as notes under section 14071 of this title] may be cited as the

'Pam Lychner Sexual Offender Tracking and Identification Act of

1996'."

Pub. L. 104-145, Sec. 1, May 17, 1996, 110 Stat. 1345, provided

that: "This Act [amending section 14071 of this title] may be cited

as 'Megan's Law'."

SHORT TITLE

Section 1 of Pub. L. 103-322 provided that: "This Act [see Tables

for classification] may be cited as the 'Violent Crime Control and

Law Enforcement Act of 1994'."

Section 31101 of title III of Pub. L. 103-322 provided that:

"This subtitle [subtitle K (Secs. 31101-31133) of title III of Pub.

L. 103-322, enacting part G (Sec. 13821 et seq.) of subchapter II

of this chapter] may be cited as the 'National Community Economic

Partnership Act of 1994'."

Section 31901 of title III of Pub. L. 103-322 provided that:

"This subtitle [subtitle S (Secs. 31901-31922) of title III of Pub.

L. 103-322, enacting part I (Sec. 13881 et seq.) of subchapter II

of this chapter] may be cited as the 'Family Unity Demonstration

Project Act'."

Section 40001 of title IV of Pub. L. 103-322 provided that: "This

title [see Tables for classification] may be cited as the 'Violence

Against Women Act of 1994'."

Section 40101 of title IV of Pub. L. 103-322 provided that: "This

subtitle [subtitle A (Secs. 40101-40156) of title IV of Pub. L.

103-322, enacting part A (Sec. 13931 et seq.) of subchapter III of

this chapter, sections 300w-10, 3796gg to 3796gg-5, and 5712d of

this title, section 1a-7a of Title 16, Conservation, and sections

2247, 2248, and 2259 of Title 18, Crimes and Criminal Procedure,

amending sections 3793, 3796aa-1 to 3796aa-3, 3796aa-5, 3796aa-6,

3797, 13012, 13014, 13021, and 13024 of this title, section 460l-8

of Title 16, and Rule 412 of the Federal Rules of Evidence,

repealing sections 3796aa-4 and 3796aa-7 of this title, and

enacting provisions set out as notes under sections 994 and 2074 of

Title 28, Judiciary and Judicial Procedure] may be cited as the

'Safe Streets for Women Act of 1994'."

Section 40201 of title IV of Pub. L. 103-322 provided that: "This

title [probably should be "subtitle", meaning subtitle B (Secs.

40201-40295) of title IV of Pub. L. 103-322, enacting part B (Sec.

13951 et seq.) of subchapter III of this chapter, sections 3796hh

to 3796hh-4 and 10416 to 10418 of this title, and sections 2261 to

2266 of Title 18, Crimes and Criminal Procedure, and amending

sections 3782, 3783, 3793, 3797, 10402, and 10407 to 10410 of this

title] may be cited as the 'Safe Homes for Women Act of 1994'."

Section 40301 of title IV of Pub. L. 103-322 provided that: "This

subtitle [subtitle C (Secs. 40301-40304) of title IV of Pub. L.

103-322, enacting part C (Sec. 13981) of subchapter III of this

chapter and amending section 1988 of this title and section 1445 of

Title 28, Judiciary and Judicial Procedure] may be cited as the

'Civil Rights Remedies for Gender-Motivated Violence Act'."

Section 40401 of title IV of Pub. L. 103-322 provided that: "This

subtitle [subtitle D (Secs. 40401-40422) of title IV of Pub. L.

103-322, enacting part D (Sec. 13991 et seq.) of subchapter III of

this chapter] may be cited as the 'Equal Justice for Women in the

Courts Act of 1994'."

Section 200101 of title XX of Pub. L. 103-322 provided that:

"This subtitle [subtitle A (Secs. 200101-200113) of title XX of

Pub. L. 103-322, enacting part A (Sec. 14091 et seq.) of subchapter

VIII of this chapter] may be cited as the 'Police Corps Act'."

Section 200201 of title XX of Pub. L. 103-322 provided that:

"This subtitle [subtitle B (Secs. 200201-200210) of title XX of

Pub. L. 103-322, enacting part B (Sec. 14111 et seq.) of subchapter

VIII of this chapter] may be cited as the 'Law Enforcement

Scholarships and Recruitment Act'."

Section 210301 of title XXI of Pub. L. 103-322 provided that:

"This subtitle [subtitle C (Secs. 210301-210306) of title XXI of

Pub. L. 103-322, enacting part A (Sec. 14131 et seq.) of subchapter

IX of this chapter and sections 3796kk to 3796kk-6 of this title,

amending sections 3751, 3753, 3793, and 3797 of this title, and

enacting provisions set out as a note under section 3751 of this

title] may be cited as the 'DNA Identification Act of 1994'."

Section 220001 of title XXII of Pub. L. 103-322 provided that:

"This title [enacting subchapter X (Sec. 14171) of this chapter and

section 511A of Title 18, Crimes and Criminal Procedure, and

amending section 511 of Title 18] may be cited as the 'Motor

Vehicle Theft Prevention Act'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13705, 14214 of this

title.

-End-

-CITE-

42 USC Sec. 13702 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part A - Violent Offender Incarceration and Truth-in-Sentencing

Incentive Grants

-HEAD-

Sec. 13702. Authorization of grants

-STATUTE-

(a) In general

The Attorney General shall provide Violent Offender Incarceration

grants under section 13703 of this title and Truth-in-Sentencing

Incentive grants under section 13704 of this title to eligible

States -

(1) to build or expand correctional facilities to increase the

bed capacity for the confinement of persons convicted of a part 1

violent crime or adjudicated delinquent for an act which if

committed by an adult, would be a part 1 violent crime;

(2) to build or expand temporary or permanent correctional

facilities, including facilities on military bases, prison

barges, and boot camps, for the confinement of convicted

nonviolent offenders and criminal aliens, for the purpose of

freeing suitable existing prison space for the confinement of

persons convicted of a part 1 violent crime; and

(3) to build or expand jails.

(b) Regional compacts

(1) In general

Subject to paragraph (2), States may enter into regional

compacts to carry out this part. Such compacts shall be treated

as States under this part.

(2) Requirement

To be recognized as a regional compact for eligibility for a

grant under section 13703 or 13704 of this title, each member

State must be eligible individually.

(3) Limitation on receipt of funds

No State may receive a grant under this part both individually

and as part of a compact.

(c) Applicability

Notwithstanding the eligibility requirements of section 13704 of

this title, a State that certifies to the Attorney General that, as

of April 26, 1996, such State has enacted legislation in reliance

on this part, as enacted on September 13, 1994, and would in fact

qualify under those provisions, shall be eligible to receive a

grant for fiscal year 1996 as though such State qualifies under

section 13704 of this title.

-SOURCE-

(Pub. L. 103-322, title II, Sec. 20102, as added Pub. L. 104-134,

title I, Sec. 101[(a)] [title I, Sec. 114(a)], Apr. 26, 1996, 110

Stat. 1321, 1321-15; renumbered title I, Pub. L. 104-140, Sec.

1(a), May 2, 1996, 110 Stat. 1327.)

-MISC1-

PRIOR PROVISIONS

A prior section 13702, Pub. L. 103-322, title II, Sec. 20102,

Sept. 13, 1994, 108 Stat. 1816, related to Truth in Sentencing

Incentive Grants prior to the general amendment of this part by

Pub. L. 104-134.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13705, 13706, 13707,

13708, 14214 of this title.

-End-

-CITE-

42 USC Sec. 13703 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part A - Violent Offender Incarceration and Truth-in-Sentencing

Incentive Grants

-HEAD-

Sec. 13703. Violent offender incarceration grants

-STATUTE-

(a) Eligibility for minimum grant

To be eligible to receive a minimum grant under this section, a

State shall submit an application to the Attorney General that

provides assurances that the State has implemented, or will

implement, correctional policies and programs, including

truth-in-sentencing laws that ensure that violent offenders serve a

substantial portion of the sentences imposed, that are designed to

provide sufficiently severe punishment for violent offenders,

including violent juvenile offenders, and that the prison time

served is appropriately related to the determination that the

inmate is a violent offender and for a period of time deemed

necessary to protect the public.

(b) Additional amount for increased percentage of persons sentenced

and time served

A State that received a grant under subsection (a) of this

section is eligible to receive additional grant amounts if such

State demonstrates that the State has, since 1993 -

(1) increased the percentage of persons arrested for a part 1

violent crime sentenced to prison; or

(2) increased the average prison time actually served or the

average percent of sentence served by persons convicted of a part

1 violent crime.

Receipt of grant amounts under this subsection does not preclude

eligibility for a grant under subsection (c) of this section.

(c) Additional amount for increased rate of incarceration and

percentage of sentence served

A State that received a grant under subsection (a) of this

section is eligible to receive additional grant amounts if such

State demonstrates that the State has -

(1) since 1993, increased the percentage of persons arrested

for a part 1 violent crime sentenced to prison, and has increased

the average percent of sentence served by persons convicted of a

part 1 violent crime; or

(2) has increased by 10 percent or more over the most recent

3-year period the number of new court commitments to prison of

persons convicted of part 1 violent crimes.

Receipt of grant amounts under this subsection does not preclude

eligibility for a grant under subsection (b) of this section.

-SOURCE-

(Pub. L. 103-322, title II, Sec. 20103, as added Pub. L. 104-134,

title I, Sec. 101[(a)] [title I, Sec. 114(a)], Apr. 26, 1996, 110

Stat. 1321, 1321-16; renumbered title I, Pub. L. 104-140, Sec.

1(a), May 2, 1996, 110 Stat. 1327.)

-MISC1-

PRIOR PROVISIONS

A prior section 13703, Pub. L. 103-322, title II, Sec. 20103,

Sept. 13, 1994, 108 Stat. 1817, related to Violent Offender

Incarceration Grants prior to the general amendment of this part by

Pub. L. 104-134.

CONTROLLED SUBSTANCE TESTING AND INTERVENTION; AVAILABILITY OF

FUNDS

Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I], Sept.

30, 1996, 110 Stat. 3009, 3009-14, provided in part: "That

beginning in fiscal year 1999, and thereafter, no funds shall be

available to make grants to a State pursuant to section 20103 or

section 20104 of the Violent Crime Control and Law Enforcement Act

of 1994 [42 U.S.C. 13703, 13704] unless no later than September 1,

1998, such State has implemented a program of controlled substance

testing and intervention for appropriate categories of convicted

offenders during periods of incarceration and criminal justice

supervision, with sanctions including denial or revocation of

release for positive controlled substance tests, consistent with

guidelines issued by the Attorney General".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13702, 13705, 13706,

13708, 13709, 13712, 14214 of this title.

-End-

-CITE-

42 USC Sec. 13704 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part A - Violent Offender Incarceration and Truth-in-Sentencing

Incentive Grants

-HEAD-

Sec. 13704. Truth-in-sentencing incentive grants

-STATUTE-

(a) Eligibility

To be eligible to receive a grant award under this section, a

State shall submit an application to the Attorney General that

demonstrates that -

(1)(A) such State has implemented truth-in-sentencing laws that

-

(i) require persons convicted of a part 1 violent crime to

serve not less than 85 percent of the sentence imposed (without

counting time not actually served, such as administrative or

statutory incentives for good behavior); or

(ii) result in persons convicted of a part 1 violent crime

serving on average not less than 85 percent of the sentence

imposed (without counting time not actually served, such as

administrative or statutory incentives for good behavior);

(B) such State has truth-in-sentencing laws that have been

enacted, but not yet implemented, that require such State, not

later than 3 years after such State submits an application to the

Attorney General, to provide that persons convicted of a part 1

violent crime serve not less than 85 percent of the sentence

imposed (without counting time not actually served, such as

administrative or statutory incentives for good behavior); or

(C) in the case of a State that on April 26, 1996, practices

indeterminate sentencing with regard to any part 1 violent crime

-

(i) persons convicted of a part 1 violent crime on average

serve not less than 85 percent of the prison term established

under the State's sentencing and release guidelines; or

(ii) persons convicted of a part 1 violent crime on average

serve not less than 85 percent of the maximum prison term

allowed under the sentence imposed by the court (not counting

time not actually served such as administrative or statutory

incentives for good behavior); and

(2) such State has provided assurances that it will follow

guidelines established by the Attorney General in reporting, on a

quarterly basis, information regarding the death of any person

who is in the process of arrest, is en route to be incarcerated,

or is incarcerated at a municipal or county jail, State prison,

or other local or State correctional facility (including any

juvenile facility) that, at a minimum, includes -

(A) the name, gender, race, ethnicity, and age of the

deceased;

(B) the date, time, and location of death; and

(C) a brief description of the circumstances surrounding the

death.

(b) Exception

Notwithstanding subsection (a) of this section, a State may

provide that the Governor of the State may allow for the earlier

release of -

(1) a geriatric prisoner; or

(2) a prisoner whose medical condition precludes the prisoner

from posing a threat to the public, but only after a public

hearing in which representatives of the public and the prisoner's

victims have had an opportunity to be heard regarding a proposed

release.

-SOURCE-

(Pub. L. 103-322, title II, Sec. 20104, as added Pub. L. 104-134,

title I, Sec. 101[(a)] [title I, Sec. 114(a)], Apr. 26, 1996, 110

Stat. 1321, 1321-16; renumbered title I, Pub. L. 104-140, Sec.

1(a), May 2, 1996, 110 Stat. 1327; amended Pub. L. 106-297, Sec. 2,

Oct. 13, 2000, 114 Stat. 1045.)

-MISC1-

PRIOR PROVISIONS

A prior section 13704, Pub. L. 103-322, title II, Sec. 20104,

Sept. 13, 1994, 108 Stat. 1818, related to Federal share matching

requirement prior to the general amendment of this part by Pub. L.

104-134.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-297 redesignated par. (1) as

subpar. (A) and former subpars. (A) and (B) as cls. (i) and (ii),

respectively, redesignated par. (2) as subpar. (B), redesignated

par. (3) as subpar. (C) and former subpars. (A) and (B) as cls. (i)

and (ii), respectively, and added par. (2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13702, 13705, 13706,

13708, 13709, 13712, 14214 of this title.

-End-

-CITE-

42 USC Sec. 13705 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part A - Violent Offender Incarceration and Truth-in-Sentencing

Incentive Grants

-HEAD-

Sec. 13705. Special rules

-STATUTE-

(a) Sharing of funds with counties and other units of local

government

(1) Reservation

Each State shall reserve not more than 15 percent of the amount

of funds allocated in a fiscal year pursuant to section 13706 of

this title for counties and units of local government to

construct, develop, expand, modify, or improve jails and other

correctional facilities.

(2) Factors for determination of amount

To determine the amount of funds to be reserved under this

subsection, a State shall consider the burden placed on a county

or unit of local government that results from the implementation

of policies adopted by the State to carry out section 13703 or

13704 of this title.

(b) Use of truth-in-sentencing and violent offender incarceration

grants

Funds provided under section 13703 or 13704 of this title may be

applied to the cost of -

(1) altering existing correctional facilities to provide

separate facilities for juveniles under the jurisdiction of an

adult criminal court who are detained or are serving sentences in

adult prisons or jails;

(2) providing correctional staff who are responsible for

supervising juveniles who are detained or serving sentences under

the jurisdiction of an adult criminal court with orientation and

ongoing training regarding the unique needs of such offenders;

and

(3) providing ombudsmen to monitor the treatment of juveniles

who are detained or serving sentences under the jurisdiction of

an adult criminal court in adult facilities, consistent with

guidelines issued by the Assistant Attorney General.

(c) Funds for juvenile offenders

Notwithstanding any other provision of this part, if a State, or

unit of local government located in a State that otherwise meets

the requirements of section 13703 or 13704 of this title, certifies

to the Attorney General that exigent circumstances exist that

require the State to expend funds to build or expand facilities to

confine juvenile offenders other than juvenile offenders

adjudicated delinquent for an act which, if committed by an adult,

would be a part 1 violent crime, the State may use funds received

under this part to build or expand juvenile correctional facilities

or pretrial detention facilities for juvenile offenders.

(d) Private facilities

A State may use funds received under this part for the

privatization of facilities to carry out the purposes of section

13702 of this title.

(e) "Part 1 violent crime" defined

For purposes of this part, "part 1 violent crime" means a part 1

violent crime as defined in section 13701(3) (!1) of this title, or

a crime in a reasonably comparable class of serious violent crimes

as approved by the Attorney General.

-SOURCE-

(Pub. L. 103-322, title II, Sec. 20105, as added Pub. L. 104-134,

title I, Sec. 101[(a)] [title I, Sec. 114(a)], Apr. 26, 1996, 110

Stat. 1321, 1321-17; renumbered title I, Pub. L. 104-140, Sec.

1(a), May 2, 1996, 110 Stat. 1327; amended Pub. L. 105-277, div. E,

Sec. 3, Oct. 21, 1998, 112 Stat. 2681-760; Pub. L. 107-273, div. A,

title III, Sec. 307, Nov. 2, 2002, 116 Stat. 1783.)

-MISC1-

PRIOR PROVISIONS

A prior section 13705, Pub. L. 103-322, title II, Sec. 20105,

Sept. 13, 1994, 108 Stat. 1818, related to rules and regulations

prior to the general amendment of this part by Pub. L. 104-134.

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-273 substituted "Use of

truth-in-sentencing and violent offender incarceration grants" for

"Additional requirements" in heading and amended text generally,

substituting provisions relating to use of funds for juveniles in

adult prisons or under the jurisdiction of an adult criminal court

for provisions relating to additional requirements for grant

eligibility.

1998 - Subsec. (b). Pub. L. 105-277 amended heading and text of

subsec. (b) generally. Prior to amendment, text read as follows:

"To be eligible to receive a grant under section 13703 or 13704 of

this title, a State shall provide assurances to the Attorney

General that the State has implemented or will implement not later

than 18 months after April 26, 1996, policies that provide for the

recognition of the rights and needs of crime victims."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be section "13701(2)".

-End-

-CITE-

42 USC Sec. 13706 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part A - Violent Offender Incarceration and Truth-in-Sentencing

Incentive Grants

-HEAD-

Sec. 13706. Formula for grants

-STATUTE-

(a) Allocation of violent offender incarceration grants under

section 13703

(1) Formula allocation

85 percent of the amount available for grants under section

13703 of this title for any fiscal year shall be allocated as

follows (except that a State may not receive more than 9 percent

of the total amount of funds made available under this

paragraph):

(A) 0.75 percent shall be allocated to each State that meets

the requirements of section 13703(a) of this title, except that

the United States Virgin Islands, American Samoa, Guam, and the

Commonwealth of the Northern Mariana Islands, if eligible under

section 13703(a) of this title, shall each be allocated 0.05

percent.

(B) The amount remaining after application of subparagraph

(A) shall be allocated to each State that meets the

requirements of section 13703(b) of this title, in the ratio

that the number of part 1 violent crimes reported by such State

to the Federal Bureau of Investigation for the 3 years

preceding the year in which the determination is made, bears to

the average annual number of part 1 violent crimes reported by

all States that meet the requirements of section 13703(b) of

this title to the Federal Bureau of Investigation for the 3

years preceding the year in which the determination is made.

(2) Additional allocation

15 percent of the amount available for grants under section

13703 of this title for any fiscal year shall be allocated to

each State that meets the requirements of section 13703(c) of

this title as follows:

(A) 3.0 percent shall be allocated to each State that meets

the requirements of section 13703(c) of this title, except that

the United States Virgin Islands, American Samoa, Guam, and the

Commonwealth of the Northern Mariana Islands, if eligible under

such subsection, shall each be allocated 0.03 percent.

(B) The amount remaining after application of subparagraph

(A) shall be allocated to each State that meets the

requirements of section 13703(c) of this title, in the ratio

that the number of part 1 violent crimes reported by such State

to the Federal Bureau of Investigation for the 3 years

preceding the year in which the determination is made, bears to

the average annual number of part 1 violent crimes reported by

all States that meet the requirements of section 13702(c) of

this title to the Federal Bureau of Investigation for the 3

years preceding the year in which the determination is made.

(b) Allocation of truth-in-sentencing grants under section 13704

The amounts available for grants for section 13704 of this title

shall be allocated to each State that meets the requirements of

section 13704 of this title in the ratio that the average annual

number of part 1 violent crimes reported by such State to the

Federal Bureau of Investigation for the 3 years preceding the year

in which the determination is made bears to the average annual

number of part 1 violent crimes reported by States that meet the

requirements of section 13704 of this title to the Federal Bureau

of Investigation for the 3 years preceding the year in which the

determination is made, except that a State may not receive more

than 25 percent of the total amount available for such grants.

(c) Unavailable data

If data regarding part 1 violent crimes in any State is

substantially inaccurate or is unavailable for the 3 years

preceding the year in which the determination is made, the Attorney

General shall utilize the best available comparable data regarding

the number of violent crimes for the previous year for the State

for the purposes of allocation of funds under this part.

(d) Regional compacts

In determining the amount of funds that States organized as a

regional compact may receive, the Attorney General shall first

apply the formula in either subsection (a) or (b) and (c) of this

section to each member State of the compact. The States organized

as a regional compact may receive the sum of the amounts so

determined.

-SOURCE-

(Pub. L. 103-322, title II, Sec. 20106, as added Pub. L. 104-134,

title I, Sec. 101[(a)] [title I, Sec. 114(a)], Apr. 26, 1996, 110

Stat. 1321, 1321-18; renumbered title I, Pub. L. 104-140, Sec.

1(a), May 2, 1996, 110 Stat. 1327.)

-MISC1-

PRIOR PROVISIONS

A prior section 13706, Pub. L. 103-322, title II, Sec. 20106,

Sept. 13, 1994, 108 Stat. 1818, related to technical assistance and

training prior to the general amendment of this part by Pub. L.

104-134.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13705, 14214 of this

title.

-End-

-CITE-

42 USC Sec. 13707 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part A - Violent Offender Incarceration and Truth-in-Sentencing

Incentive Grants

-HEAD-

Sec. 13707. Accountability

-STATUTE-

(a) Fiscal requirements

A State that receives funds under this part shall use accounting,

audit, and fiscal procedures that conform to guidelines prescribed

by the Attorney General, and shall ensure that any funds used to

carry out the programs under section 13702(a) of this title shall

represent the best value for the State governments at the lowest

possible cost and employ the best available technology.

(b) Administrative provisions

The administrative provisions of sections 3782 and 3783 of this

title shall apply to the Attorney General under this part in the

same manner that such provisions apply to the officials listed in

such sections.

-SOURCE-

(Pub. L. 103-322, title II, Sec. 20107, as added Pub. L. 104-134,

title I, Sec. 101[(a)] [title I, Sec. 114(a)], Apr. 26, 1996, 110

Stat. 1321, 1321-19; renumbered title I, Pub. L. 104-140, Sec.

1(a), May 2, 1996, 110 Stat. 1327.)

-MISC1-

PRIOR PROVISIONS

A prior section 13707, Pub. L. 103-322, title II, Sec. 20107,

Sept. 13, 1994, 108 Stat. 1818, related to evaluation of programs

prior to the general amendment of this part by Pub. L. 104-134.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13708 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part A - Violent Offender Incarceration and Truth-in-Sentencing

Incentive Grants

-HEAD-

Sec. 13708. Authorization of appropriations

-STATUTE-

(a) In general

(1) Authorizations

There are authorized to be appropriated to carry out this part

-

(A) $997,500,000 for fiscal year 1996;

(B) $1,330,000,000 for fiscal year 1997;

(C) $2,527,000,000 for fiscal year 1998;

(D) $2,660,000,000 for fiscal year 1999; and

(E) $2,753,100,000 for fiscal year 2000.

(2) Distribution

(A) In general

Of the amounts remaining after the allocation of funds for

the purposes set forth under sections 13710, 13711, and 13709

of this title, the Attorney General shall, from amounts

authorized to be appropriated under paragraph (1) for each

fiscal year, distribute 50 percent for incarceration grants

under section 13703 of this title, and 50 percent for incentive

grants under section 13704 of this title.

(B) Distribution of minimum amounts

The Attorney General shall distribute minimum amounts

allocated for section 13703(a) of this title to an eligible

State not later than 30 days after receiving an application

that demonstrates that such State qualifies for a Violent

Offender Incarceration grant under section 13703 of this title

or a Truth-in-Sentencing Incentive grant under section 13704 of

this title.

(b) Limitations on funds

(1) Uses of funds

Except as provided in section (!1) 13710 and 13711 of this

title, funds made available pursuant to this section shall be

used only to carry out the purposes described in section 13702(a)

of this title.

(2) Nonsupplanting requirement

Funds made available pursuant to this section shall not be used

to supplant State funds, but shall be used to increase the amount

of funds that would, in the absence of Federal funds, be made

available from State sources.

(3) Administrative costs

Not more than 3 percent of the funds that remain available

after carrying out sections 13709, 13710, and 13711 of this title

shall be available to the Attorney General for purposes of -

(A) administration;

(B) research and evaluation, including assessment of the

effect on public safety and other effects of the expansion of

correctional capacity and sentencing reforms implemented

pursuant to this part;

(C) technical assistance relating to the use of grant funds,

and development and implementation of sentencing reforms

implemented pursuant to this part; and

(D) data collection and improvement of information systems

relating to the confinement of violent offenders and other

sentencing and correctional matters.

(4) Carryover of appropriations

Funds appropriated pursuant to this section during any fiscal

year shall remain available until expended.

(5) Matching funds

The Federal share of a grant received under this part may not

exceed 90 percent of the costs of a proposal as described in an

application approved under this part.

-SOURCE-

(Pub. L. 103-322, title II, Sec. 20108, as added Pub. L. 104-134,

title I, Sec. 101[(a)] [title I, Sec. 114(a)], Apr. 26, 1996, 110

Stat. 1321, 1321-19; renumbered title I, Pub. L. 104-140, Sec.

1(a), May 2, 1996, 110 Stat. 1327.)

-MISC1-

PRIOR PROVISIONS

A prior section 13708, Pub. L. 103-322, title II, Sec. 20108,

Sept. 13, 1994, 108 Stat. 1818, defined terms in this part prior to

the general amendment of this part by Pub. L. 104-134.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13709, 13710, 13711,

14214 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "sections".

-End-

-CITE-

42 USC Sec. 13709 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part A - Violent Offender Incarceration and Truth-in-Sentencing

Incentive Grants

-HEAD-

Sec. 13709. Payments for incarceration on tribal lands

-STATUTE-

(a) Reservation of funds

Notwithstanding any other provision of this part other than

section 13708(a)(2) of this title, from amounts appropriated to

carry out sections 13703 and 13704 of this title, the Attorney

General shall reserve, to carry out this section -

(1) 0.3 percent in each of fiscal years 1996 and 1997; and

(2) 0.2 percent in each of fiscal years 1998, 1999, and 2000.

(b) Grants to Indian tribes

From the amounts reserved under subsection (a) of this section,

the Attorney General may make grants to Indian tribes for the

purposes of constructing jails on tribal lands for the

incarceration of offenders subject to tribal jurisdiction.

(c) Applications

To be eligible to receive a grant under this section, an Indian

tribe shall submit to the Attorney General an application in such

form and containing such information as the Attorney General may by

regulation require.

-SOURCE-

(Pub. L. 103-322, title II, Sec. 20109, as added Pub. L. 104-134,

title I, Sec. 101[(a)] [title I, Sec. 114(a)], Apr. 26, 1996, 110

Stat. 1321, 1321-20; renumbered title I, Pub. L. 104-140, Sec.

1(a), May 2, 1996, 110 Stat. 1327.)

-MISC1-

PRIOR PROVISIONS

A prior section 13709, Pub. L. 103-322, title II, Sec. 20109,

Sept. 13, 1994, 108 Stat. 1818, authorized appropriations to carry

out this part prior to the general amendment of this part by Pub.

L. 104-134.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13708, 14214 of this

title.

-End-

-CITE-

42 USC Sec. 13710 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part A - Violent Offender Incarceration and Truth-in-Sentencing

Incentive Grants

-HEAD-

Sec. 13710. Payments to eligible States for incarceration of

criminal aliens

-STATUTE-

(a) In general

The Attorney General shall make a payment to each State which is

eligible under section 1252(j) (!1) of title 8 in such amount as is

determined under section 1252(j) (!1) of title 8, and for which

payment is not made to such State for such fiscal year under such

section.

(b) Authorization of appropriations

Notwithstanding any other provision of this part, there are

authorized to be appropriated to carry out this section from

amounts authorized under section 13708 of this title, an amount

which when added to amounts appropriated to carry out section

1252(j) (!1) of title 8 for fiscal year 1996 equals $500,000,000

and for each of the fiscal years 1997 through 2000 does not exceed

$650,000,000.

(c) Administration

The amounts appropriated to carry out this section shall be

reserved from the total amount appropriated for each fiscal year

and shall be added to the other funds appropriated to carry out

section 1252(j) (!1) of title 8 and administered under such

section.

(d) Report to Congress

Not later than May 15, 1999, the Attorney General shall submit a

report to the Congress which contains the recommendation of the

Attorney General concerning the extension of the program under this

section.

-SOURCE-

(Pub. L. 103-322, title II, Sec. 20110, as added Pub. L. 104-134,

title I, Sec. 101[(a)] [title I, Sec. 114(a)], Apr. 26, 1996, 110

Stat. 1321, 1321-21; renumbered title I, Pub. L. 104-140, Sec.

1(a), May 2, 1996, 110 Stat. 1327.)

-REFTEXT-

REFERENCES IN TEXT

Section 1252(j) of title 8, referred to in subsecs. (a) to (c),

was redesignated section 1231(i) of title 8 by Pub. L. 104-208,

div. C, title III, Sec. 306(a)(1), Sept. 30, 1996, 110 Stat.

3009-607.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13708 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 13711 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part A - Violent Offender Incarceration and Truth-in-Sentencing

Incentive Grants

-HEAD-

Sec. 13711. Support of Federal prisoners in non-Federal

institutions

-STATUTE-

(a) In general

The Attorney General may make payments to States and units of

local government for the purposes authorized in section 4013 of

title 18.

(b) Authorization of appropriations

Notwithstanding any other provision of this part other than

section 13708(a)(2) of this title, there are authorized to be

appropriated from amounts authorized under section 13708 of this

title for each of fiscal years 1996 through 2000 such sums as may

be necessary to carry out this section.

-SOURCE-

(Pub. L. 103-322, title II, Sec. 20111, as added Pub. L. 104-134,

title I, Sec. 101[(a)] [title I, Sec. 114(a)], Apr. 26, 1996, 110

Stat. 1321, 1321-21; renumbered title I, Pub. L. 104-140, Sec.

1(a), May 2, 1996, 110 Stat. 1327.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13708 of this title.

-End-

-CITE-

42 USC Sec. 13712 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part A - Violent Offender Incarceration and Truth-in-Sentencing

Incentive Grants

-HEAD-

Sec. 13712. Report by Attorney General

-STATUTE-

Beginning on October 1, 1996, and each subsequent July 1

thereafter, the Attorney General shall report to the Congress on

the implementation of this part, including a report on the

eligibility of the States under sections 13703 and 13704 of this

title, and the distribution and use of funds under this part.

-SOURCE-

(Pub. L. 103-322, title II, Sec. 20112, as added Pub. L. 104-134,

title I, Sec. 101[(a)] [title I, Sec. 114(a)], Apr. 26, 1996, 110

Stat. 1321, 1321-21; renumbered title I, Pub. L. 104-140, Sec.

1(a), May 2, 1996, 110 Stat. 1327.)

-End-

-CITE-

42 USC Sec. 13713 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part A - Violent Offender Incarceration and Truth-in-Sentencing

Incentive Grants

-HEAD-

Sec. 13713. Aimee's Law

-STATUTE-

(a) Short title

This section may be cited as "Aimee's Law".

(b) Definitions

In this section:

(1) Dangerous sexual offense

The term "dangerous sexual offense" means any offense under

State law for conduct that would constitute an offense under

chapter 109A of title 18 had the conduct occurred in the special

maritime and territorial jurisdiction of the United States or in

a Federal prison.

(2) Murder

The term "murder" has the meaning given the term in part I of

the Uniform Crime Reports of the Federal Bureau of Investigation.

(3) Rape

The term "rape" has the meaning given the term in part I of the

Uniform Crime Reports of the Federal Bureau of Investigation.

(c) Penalty

(1) Single State

In any case in which a State convicts an individual of murder,

rape, or a dangerous sexual offense, who has a prior conviction

for any one of those offenses in a State described in paragraph

(3), the Attorney General shall transfer an amount equal to the

costs of incarceration, prosecution, and apprehension of that

individual, from Federal law enforcement assistance funds that

have been allocated to but not distributed to the State that

convicted the individual of the prior offense, to the State

account that collects Federal law enforcement assistance funds of

the State that convicted that individual of the subsequent

offense.

(2) Multiple States

In any case in which a State convicts an individual of murder,

rape, or a dangerous sexual offense, who has a prior conviction

for any one or more of those offenses in more than one other

State described in paragraph (3), the Attorney General shall

transfer an amount equal to the costs of incarceration,

prosecution, and apprehension of that individual, from Federal

law enforcement assistance funds that have been allocated to but

not distributed to each State that convicted such individual of

the prior offense, to the State account that collects Federal law

enforcement assistance funds of the State that convicted that

individual of the subsequent offense.

(3) State described

A State is described in this paragraph if -

(A) the average term of imprisonment imposed by the State on

individuals convicted of the offense for which the individual

described in paragraph (1) or (2), as applicable, was convicted

by the State is less than the average term of imprisonment

imposed for that offense in all States; or

(B) with respect to the individual described in paragraph (1)

or (2), as applicable, the individual had served less than 85

percent of the term of imprisonment to which that individual

was sentenced for the prior offense.

For purposes of subparagraph (B), in a State that has

indeterminate sentencing, the term of imprisonment to which that

individual was sentenced for the prior offense shall be based on

the lower of the range of sentences.

(d) State applications

In order to receive an amount transferred under subsection (c) of

this section, the chief executive of a State shall submit to the

Attorney General an application, in such form and containing such

information as the Attorney General may reasonably require, which

shall include a certification that the State has convicted an

individual of murder, rape, or a dangerous sexual offense, who has

a prior conviction for one of those offenses in another State.

(e) Source of funds

(1) In general

Any amount transferred under subsection (c) of this section

shall be derived by reducing the amount of Federal law

enforcement assistance funds received by the State that convicted

such individual of the prior offense before the distribution of

the funds to the State. The Attorney General shall provide the

State with an opportunity to select the specific Federal law

enforcement assistance funds to be so reduced (other than Federal

crime victim assistance funds).

(2) Payment schedule

The Attorney General, in consultation with the chief executive

of the State that convicted such individual of the prior offense,

shall establish a payment schedule.

(f) Construction

Nothing in this section may be construed to diminish or otherwise

affect any court ordered restitution.

(g) Exception

This section does not apply if the individual convicted of

murder, rape, or a dangerous sexual offense has been released from

prison upon the reversal of a conviction for an offense described

in subsection (c) of this section and subsequently been convicted

for an offense described in subsection (c) of this section.

(h) Report

The Attorney General shall -

(1) conduct a study evaluating the implementation of this

section; and

(2) not later than October 1, 2006, submit to Congress a report

on the results of that study.

(i) Collection of recidivism data

(1) In general

Beginning with calendar year 2002, and each calendar year

thereafter, the Attorney General shall collect and maintain

information relating to, with respect to each State -

(A) the number of convictions during that calendar year for -

(i) any dangerous sexual offense;

(ii) rape; and

(iii) murder; and

(B) the number of convictions described in subparagraph (A)

that constitute second or subsequent convictions of the

defendant of an offense described in that subparagraph.

(2) Report

Not later than March 1, 2003, and on March 1 of each year

thereafter, the Attorney General shall submit to Congress a

report, which shall include -

(A) the information collected under paragraph (1) with

respect to each State during the preceding calendar year; and

(B) the percentage of cases in each State in which an

individual convicted of an offense described in paragraph

(1)(A) was previously convicted of another such offense in

another State during the preceding calendar year.

(j) Effective date

This section shall take effect on January 1, 2002.

-SOURCE-

(Pub. L. 106-386, div. C, Sec. 2001, Oct. 28, 2000, 114 Stat.

1539.)

-COD-

CODIFICATION

Section was enacted as Aimee's Law and also as part of the

Victims of Trafficking and Violence Protection Act of 2000, and not

as part of the Violent Crime Control and Law Enforcement Act of

1994 which enacted this chapter.

-End-

-CITE-

42 USC Part B - Miscellaneous Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

PART B - MISCELLANEOUS PROVISIONS

-End-

-CITE-

42 USC Sec. 13721 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 13721. Task force on prison construction standardization and

techniques

-STATUTE-

(a) Task force

The Director of the National Institute of Corrections shall,

subject to availability of appropriations, establish a task force

composed of Federal, State, and local officials expert in prison

construction, and of at least an equal number of engineers,

architects, and construction experts from the private sector with

expertise in prison design and construction, including the use of

cost-cutting construction standardization techniques and

cost-cutting new building materials and technologies.

(b) Cooperation

The task force shall work in close cooperation and communication

with other State and local officials responsible for prison

construction in their localities.

(c) Performance requirements

The task force shall work to -

(1) establish and recommend standardized construction plans and

techniques for prison and prison component construction; and

(2) evaluate and recommend new construction technologies,

techniques, and materials,

to reduce prison construction costs at the Federal, State, and

local levels and make such construction more efficient.

(d) Dissemination

The task force shall disseminate information described in

subsection (c) of this section to State and local officials

involved in prison construction, through written reports and

meetings.

(e) Promotion and evaluation

The task force shall -

(1) work to promote the implementation of cost-saving efforts

at the Federal, State, and local levels;

(2) evaluate and advise on the results and effectiveness of

such cost-saving efforts as adopted, broadly disseminating

information on the results; and

(3) to the extent feasible, certify the effectiveness of the

cost-savings efforts.

-SOURCE-

(Pub. L. 103-322, title II, Sec. 20406, Sept. 13, 1994, 108 Stat.

1826.)

-End-

-CITE-

42 USC Sec. 13722 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 13722. Efficiency in law enforcement and corrections

-STATUTE-

(a) In general

In the administration of each grant program funded by

appropriations authorized by this Act or by an amendment made by

this Act, the Attorney General shall encourage -

(1) innovative methods for the low-cost construction of

facilities to be constructed, converted, or expanded and the

low-cost operation of such facilities and the reduction of

administrative costs and overhead expenses; and

(2) the use of surplus Federal property.

(b) Assessment of construction components and designs

The Attorney General may make an assessment of the cost

efficiency and utility of using modular, prefabricated, precast,

and pre-engineered construction components and designs for housing

nonviolent criminals.

-SOURCE-

(Pub. L. 103-322, title II, Sec. 20407, Sept. 13, 1994, 108 Stat.

1826.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 103-322, Sept.

13, 1994, 108 Stat. 1796, known as the Violent Crime Control and

Law Enforcement Act of 1994. For complete classification of this

Act to the Code, see Short Title note set out under section 13701

of this title and Tables.

-End-

-CITE-

42 USC Sec. 13723 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 13723. Congressional approval of any expansion at Lorton and

congressional hearings on future needs

-STATUTE-

(a) Congressional approval

Notwithstanding any other provision of law, the existing prison

facilities and complex at the District of Columbia Corrections

Facility at Lorton, Virginia, shall not be expanded unless such

expansion has been approved by the Congress under the authority

provided to Congress in section 446 of the District of Columbia

Home Rule Act.

(b) Senate hearings

The Senate directs the Subcommittee on the District of Columbia

of the Committee on Appropriations of the Senate to conduct

hearings regarding expansion of the prison complex in Lorton,

Virginia, prior to any approval granted pursuant to subsection (a)

of this section. The subcommittee shall permit interested parties,

including appropriate officials from the County of Fairfax,

Virginia, to testify at such hearings.

(c) "Expanded" and "expansion" defined

For purposes of this section, the terms "expanded" and

"expansion" mean any alteration of the physical structure of the

prison complex that is made to increase the number of inmates

incarcerated at the prison.

-SOURCE-

(Pub. L. 103-322, title II, Sec. 20410, Sept. 13, 1994, 108 Stat.

1828; Pub. L. 105-33, title XI, Sec. 11717(b), Aug. 5, 1997, 111

Stat. 786.)

-REFTEXT-

REFERENCES IN TEXT

Section 446 of the District of Columbia Home Rule Act, referred

to in subsec. (a), is section 446 of Pub. L. 93-198, title IV, Dec.

24, 1973, 87 Stat. 801, as amended, which is not classified to the

Code.

-MISC1-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-33 substituted "District of

Columbia Home Rule Act" for "District of Columbia Self-Government

and Governmental Reorganization Act".

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective Oct. 1, 1997, except as

otherwise provided in title XI of Pub. L. 105-33, see section 11721

of Pub. L. 105-33, set out as a note under section 4246 of Title

18, Crimes and Criminal Procedure.

-End-

-CITE-

42 USC Sec. 13724 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 13724. Conversion of closed military installations into

Federal prison facilities

-STATUTE-

(a) Study of suitable bases

The Secretary of Defense and the Attorney General shall jointly

conduct a study of all military installations selected before

September 13, 1994, to be closed pursuant to a base closure law for

the purpose of evaluating the suitability of any of these

installations, or portions of these installations, for conversion

into Federal prison facilities. As part of the study, the Secretary

and the Attorney General shall identify the military installations

so evaluated that are most suitable for conversion into Federal

prison facilities.

(b) Suitability for conversion

In evaluating the suitability of a military installation for

conversion into a Federal prison facility, the Secretary of Defense

and the Attorney General shall consider the estimated cost to

convert the installation into a prison facility and such other

factors as the Secretary and the Attorney General consider to be

appropriate.

(c) Time for study

The study required by subsection (a) of this section shall be

completed not later than the date that is 180 days after September

13, 1994.

(d) Construction of Federal prisons

(1) In general

In determining where to locate any new Federal prison facility,

and in accordance with the Department of Justice's duty to review

and identify a use for any portion of an installation closed

pursuant to title II of the Defense Authorization Amendments and

Base Closure and Realignment Act (Public Law 100-526) and the

Defense Base Closure and Realignment Act of 1990 (part A of title

XXIX of Public Law 101-510), the Attorney General shall -

(A) consider whether using any portion of a military

installation closed or scheduled to be closed in the region

pursuant to a base closure law provides a cost-effective

alternative to the purchase of real property or construction of

new prison facilities;

(B) consider whether such use is consistent with a

reutilization and redevelopment plan; and

(C) give consideration to any installation located in a rural

area the closure of which will have a substantial adverse

impact on the economy of the local communities and on the

ability of the communities to sustain an economic recovery from

such closure.

(2) Consent

With regard to paragraph (1)(B), consent must be obtained from

the local re-use authority for the military installation,

recognized and funded by the Secretary of Defense, before the

Attorney General may proceed with plans for the design or

construction of a prison at the installation.

(3) Report on basis of decision

Before proceeding with plans for the design or construction of

a Federal prison, the Attorney General shall submit to Congress a

report explaining the basis of the decision on where to locate

the new prison facility.

(4) Report on cost-effectiveness

If the Attorney General decides not to utilize any portion of a

closed military installation or an installation scheduled to be

closed for locating a prison, the report shall include an

analysis of why installations in the region, the use of which as

a prison would be consistent with a reutilization and

redevelopment plan, does not provide a cost-effective alternative

to the purchase of real property or construction of new prison

facilities.

(e) "Base closure law" defined

In this section, "base closure law" means -

(1) the Defense Base Closure and Realignment Act of 1990 (part

A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note); and

(2) title II of the Defense Authorization Amendments and Base

Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687

note).

-SOURCE-

(Pub. L. 103-322, title II, Sec. 20413, Sept. 13, 1994, 108 Stat.

1829.)

-REFTEXT-

REFERENCES IN TEXT

The Defense Authorization Amendments and Base Closure and

Realignment Act, referred to in subsecs. (d)(1) and (e)(2), is Pub.

L. 100-526, Oct. 24, 1988, 102 Stat. 2623, as amended. Title II of

the Act is set out as a note under section 2687 of Title 10, Armed

Forces. For complete classification of this Act to the Code, see

Short Title of 1988 Amendment note set out under section 2687 of

Title 10 and Tables.

The Defense Base Closure and Realignment Act of 1990, referred to

in subsecs. (d)(1) and (e)(1), is part A of title XXIX of div. B of

Pub. L. 101-510, Nov. 5, 1990, 104 Stat. 1808, which is set out as

a note under section 2687 of Title 10. For complete classification

of this Act to the Code, see Tables.

-End-

-CITE-

42 USC Sec. 13725 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 13725. Correctional job training and placement

-STATUTE-

(a) Purpose

It is the purpose of this section to encourage and support job

training programs, and job placement programs, that provide

services to incarcerated persons or ex-offenders.

(b) Definitions

As used in this section:

(1) Correctional institution

The term "correctional institution" means any prison, jail,

reformatory, work farm, detention center, or halfway house, or

any other similar institution designed for the confinement or

rehabilitation of criminal offenders.

(2) Correctional job training or placement program

The term "correctional job training or placement program" means

an activity that provides job training or job placement services

to incarcerated persons or ex-offenders, or that assists

incarcerated persons or ex-offenders in obtaining such services.

(3) Ex-offender

The term "ex-offender" means any individual who has been

sentenced to a term of probation by a Federal or State court, or

who has been released from a Federal, State, or local

correctional institution.

(4) Incarcerated person

The term "incarcerated person" means any individual

incarcerated in a Federal or State correctional institution who

is charged with or convicted of any criminal offense.

(c) Establishment of Office

(1) In general

The Attorney General shall establish within the Department of

Justice an Office of Correctional Job Training and Placement. The

Office shall be headed by a Director, who shall be appointed by

the Attorney General.

(2) Timing

The Attorney General shall carry out this subsection not later

than 6 months after September 13, 1994.

(d) Functions of Office

The Attorney General, acting through the Director of the Office

of Correctional Job Training and Placement, in consultation with

the Secretary of Labor, shall -

(1) assist in coordinating the activities of the Federal

Bonding Program of the Department of Labor, the activities of the

Department of Labor related to the certification of eligibility

for targeted jobs credits under section 51 of title 26 with

respect to ex-offenders, and any other correctional job training

or placement program of the Department of Justice or Department

of Labor;

(2) provide technical assistance to State and local employment

and training agencies that -

(A) receive financial assistance under this Act; or

(B) receive financial assistance through other programs

carried out by the Department of Justice or Department of

Labor, for activities related to the development of

employability;

(3) prepare and implement the use of special staff training

materials, and methods, for developing the staff competencies

needed by State and local agencies to assist incarcerated persons

and ex-offenders in gaining marketable occupational skills and

job placement;

(4) prepare and submit to Congress an annual report on the

activities of the Office of Correctional Job Training and

Placement, and the status of correctional job training or

placement programs in the United States;

(5) cooperate with other Federal agencies carrying out

correctional job training or placement programs to ensure

coordination of such programs throughout the United States;

(6) consult with, and provide outreach to -

(A) State job training coordinating councils, administrative

entities, and private industry councils, with respect to

programs carried out under this Act; and

(B) other State and local officials, with respect to other

employment or training programs carried out by the Department

of Justice or Department of Labor;

(7) collect from States information on the training

accomplishments and employment outcomes of a sample of

incarcerated persons and ex-offenders who were served by

employment or training programs carried out, or that receive

financial assistance through programs carried out, by the

Department of Justice or Department of Labor; and

(8)(A) collect from States and local governments information on

the development and implementation of correctional job training

or placement programs; and

(B) disseminate such information, as appropriate.

-SOURCE-

(Pub. L. 103-322, title II, Sec. 20418, Sept. 13, 1994, 108 Stat.

1835.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (d)(2)(A), (6)(A), is Pub. L.

103-322, Sept. 13, 1994, 108 Stat. 1796, known as the Violent Crime

Control and Law Enforcement Act of 1994. For complete

classification of this Act to the Code, see Short Title note set

out under section 13701 of this title and Tables.

-End-

-CITE-

42 USC Sec. 13726 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 13726. Findings

-STATUTE-

Congress finds the following:

(1) Increasingly, States are turning to private prisoner

transport companies as an alternative to their own personnel or

the United States Marshals Service when transporting violent

prisoners.

(2) The transport process can last for days if not weeks, as

violent prisoners are dropped off and picked up at a network of

hubs across the country.

(3) Escapes by violent prisoners during transport by private

prisoner transport companies have occurred.

(4) Oversight by the Attorney General is required to address

these problems.

(5) While most governmental entities may prefer to use, and

will continue to use, fully trained and sworn law enforcement

officers when transporting violent prisoners, fiscal or

logistical concerns may make the use of highly specialized

private prisoner transport companies an option. Nothing in

sections 13726 to 13726c of this title should be construed to

mean that governmental entities should contract with private

prisoner transport companies to move violent prisoners; however

when a government entity opts to use a private prisoner transport

company to move violent prisoners, then the company should be

subject to regulation in order to enhance public safety.

-SOURCE-

(Pub. L. 106-560, Sec. 2, Dec. 21, 2000, 114 Stat. 2784.)

-REFTEXT-

REFERENCES IN TEXT

Sections 13726 to 13726c of this title, referred to in par. (5),

was in the original "this Act", meaning Pub. L. 106-560, Dec. 21,

2000, 114 Stat. 2784, known as the Interstate Transportation of

Dangerous Criminals Act of 2000 or Jeanna's Act, which enacted this

section and sections 13726a to 13726c of this title and provisions

set out as a note under section 13701 of this title. For complete

classification of this Act to the Code, see Short Title of 2000

Amendments note set out under 13701 of this title and Tables.

-COD-

CODIFICATION

This section was enacted as part of the Interstate Transportation

of Dangerous Criminals Act of 2000 or Jeanna's Act, and not as part

of the Violent Crime Control and Law Enforcement Act of 1994 which

enacted this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13726a, 13726b, 13726c of

this title.

-End-

-CITE-

42 USC Sec. 13726a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 13726a. Definitions

-STATUTE-

In sections 13726 to 13726c of this title:

(1) Crime of violence

The term "crime of violence" has the same meaning as in section

924(c)(3) of title 18.

(2) Private prisoner transport company

The term "private prisoner transport company" means any entity,

other than the United States, a State, or an inferior political

subdivision of a State, which engages in the business of the

transporting for compensation, individuals committed to the

custody of any State or of an inferior political subdivision of a

State, or any attempt thereof.

(3) Violent prisoner

The term "violent prisoner" means any individual in the custody

of a State or an inferior political subdivision of a State who

has previously been convicted of or is currently charged with a

crime of violence or any similar statute of a State or the

inferior political subdivisions of a State, or any attempt

thereof.

-SOURCE-

(Pub. L. 106-560, Sec. 3, Dec. 21, 2000, 114 Stat. 2784.)

-REFTEXT-

REFERENCES IN TEXT

Sections 13726 to 13726c of this title, referred to in text, was

in the original "this Act", meaning Pub. L. 106-560, Dec. 21, 2000,

114 Stat. 2784, known as the Interstate Transportation of Dangerous

Criminals Act of 2000 or Jeanna's Act, which enacted this section

and sections 13726, 13726b, and 13726c of this title and provisions

set out as a note under section 13701 of this title. For complete

classification of this Act to the Code, see Short Title of 2000

Amendments note set out under 13701 of this title and Tables.

-COD-

CODIFICATION

This section was enacted as part of the Interstate Transportation

of Dangerous Criminals Act of 2000 or Jeanna's Act, and not as part

of the Violent Crime Control and Law Enforcement Act of 1994 which

enacted this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13726, 13726b, 13726c of

this title.

-End-

-CITE-

42 USC Sec. 13726b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 13726b. Federal regulation of prisoner transport companies

-STATUTE-

(a) In general

Not later than 180 days after December 21, 2000, the Attorney

General, in consultation with the American Correctional Association

and the private prisoner transport industry, shall promulgate

regulations relating to the transportation of violent prisoners in

or affecting interstate commerce.

(b) Standards and requirements

The regulations shall include the following:

(1) Minimum standards for background checks and preemployment

drug testing for potential employees, including requiring

criminal background checks, to disqualify persons with a felony

conviction or domestic violence conviction as defined by section

921 of title 18 for eligibility for employment. Preemployment

drug testing will be in accordance with applicable State laws.

(2) Minimum standards for the length and type of training that

employees must undergo before they can transport prisoners not to

exceed 100 hours of preservice training focusing on the

transportation of prisoners. Training shall be in the areas of

use of restraints, searches, use of force, including use of

appropriate weapons and firearms, CPR, map reading, and defensive

driving.

(3) Restrictions on the number of hours that employees can be

on duty during a given time period. Such restriction shall not be

more stringent than current applicable rules and regulations

concerning hours of service promulgated under the Federal Motor

Vehicle Safety Act.(!1)

(4) Minimum standards for the number of personnel that must

supervise violent prisoners. Such standards shall provide the

transport entity with appropriate discretion, and, absent more

restrictive requirements contracted for by the procuring

government entity, shall not exceed a requirement of 1 agent for

every 6 violent prisoners.

(5) Minimum standards for employee uniforms and identification

that require wearing of a uniform with a badge or insignia

identifying the employee as a transportation officer.

(6) Standards establishing categories of violent prisoners

required to wear brightly colored clothing clearly identifying

them as prisoners, when appropriate.

(7) Minimum requirements for the restraints that must be used

when transporting violent prisoners, to include leg shackles and

double-locked handcuffs, when appropriate.

(8) A requirement that when transporting violent prisoners,

private prisoner transport companies notify local law enforcement

officials 24 hours in advance of any scheduled stops in their

jurisdiction.

(9) A requirement that in the event of an escape by a violent

prisoner, private prisoner transport company officials shall

immediately notify appropriate law enforcement officials in the

jurisdiction where the escape occurs, and the governmental entity

that contracted with the private prisoner transport company for

the transport of the escaped violent prisoner.

(10) Minimum standards for the safety of violent prisoners in

accordance with applicable Federal and State law.

(c) Federal standards

Except for the requirements of subsection (b)(6) of this section,

the regulations promulgated under sections 13726 to 13726c of this

title shall not provide stricter standards with respect to private

prisoner transport companies than are applicable, without

exception, to the United States Marshals Service, Federal Bureau of

Prisons, and the Immigration and Naturalization Service when

transporting violent prisoners under comparable circumstances.

-SOURCE-

(Pub. L. 106-560, Sec. 4, Dec. 21, 2000, 114 Stat. 2785.)

-REFTEXT-

REFERENCES IN TEXT

No act with the title Federal Motor Vehicle Safety Act, referred

to in subsec. (b)(3), has been enacted. Provisions authorizing the

Secretary of Transportation to prescribe requirements relating to

hours of service of employees of a motor carrier are contained in

chapter 315 (Sec. 31501 et seq.) of Title 49, Transportation.

Sections 13726 to 13726c of this title, referred to in subsec.

(c), was in the original "this Act", meaning Pub. L. 106-560, Dec.

21, 2000, 114 Stat. 2784, known as the Interstate Transportation of

Dangerous Criminals Act of 2000 or Jeanna's Act, which enacted this

section and sections 13726, 13726a, and 13726c of this title and

provisions set out as a note under section 13701 of this title. For

complete classification of this Act to the Code, see Short Title of

2000 Amendments note set out under 13701 of this title and Tables.

-COD-

CODIFICATION

This section was enacted as part of the Interstate Transportation

of Dangerous Criminals Act of 2000 or Jeanna's Act, and not as part

of the Violent Crime Control and Law Enforcement Act of 1994 which

enacted this chapter.

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13726, 13726a, 13726c of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 13726c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 13726c. Enforcement

-STATUTE-

Any person who is found in violation of the regulations

established by sections 13726 to 13726c of this title shall -

(1) be liable to the United States for a civil penalty in an

amount not to exceed $10,000 for each violation and, in addition,

to the United States for the costs of prosecution; and

(2) make restitution to any entity of the United States, of a

State, or of an inferior political subdivision of a State, which

expends funds for the purpose of apprehending any violent

prisoner who escapes from a prisoner transport company as the

result, in whole or in part, of a violation of regulations

promulgated pursuant to section 13726b(a) of this title.

-SOURCE-

(Pub. L. 106-560, Sec. 5, Dec. 21, 2000, 114 Stat. 2786.)

-REFTEXT-

REFERENCES IN TEXT

Sections 13726 to 13726c of this title, referred to in text, was

in the original "this Act", meaning Pub. L. 106-560, Dec. 21, 2000,

114 Stat. 2784, known as the Interstate Transportation of Dangerous

Criminals Act of 2000 or Jeanna's Act, which enacted this section

and sections 13726 to 13726b of this title and provisions set out

as a note under section 13701 of this title. For complete

classification of this Act to the Code, see Short Title of 2000

Amendments note set out under 13701 of this title and Tables.

-COD-

CODIFICATION

This section was enacted as part of the Interstate Transportation

of Dangerous Criminals Act of 2000 or Jeanna's Act, and not as part

of the Violent Crime Control and Law Enforcement Act of 1994 which

enacted this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13726, 13726a, 13726b of

this title.

-End-

-CITE-

42 USC SUBCHAPTER II - CRIME PREVENTION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

-HEAD-

SUBCHAPTER II - CRIME PREVENTION

-End-

-CITE-

42 USC Part A - Ounce of Prevention Council 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part A - Ounce of Prevention Council

-HEAD-

PART A - OUNCE OF PREVENTION COUNCIL

-End-

-CITE-

42 USC Sec. 13741 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part A - Ounce of Prevention Council

-HEAD-

Sec. 13741. Ounce of Prevention Council

-STATUTE-

(a) Establishment

(1) In general

There is established an Ounce of Prevention Council (referred

to in this subchapter as the "Council"), the members of which -

(A) shall include the Attorney General, the Secretary of

Education, the Secretary of Health and Human Services, the

Secretary of Housing and Urban Development, the Secretary of

Labor, the Secretary of Agriculture, the Secretary of the

Treasury, the Secretary of the Interior, and the Director of

the Office of National Drug Control Policy; and

(B) may include other officials of the executive branch as

directed by the President.

(2) Chair

The President shall designate the Chair of the Council from

among its members (referred to in this subchapter as the

"Chair").

(3) Staff

The Council may employ any necessary staff to carry out its

functions, and may delegate any of its functions or powers to a

member or members of the Council.

(b) Program coordination

For any program authorized under the Violent Crime Control and

Law Enforcement Act of 1994, the Ounce of Prevention Council Chair,

only at the request of the Council member with jurisdiction over

that program, may coordinate that program, in whole or in part,

through the Council.

(c) Administrative responsibilities and powers

In addition to the program coordination provided in subsection

(b) of this section, the Council shall be responsible for such

functions as coordinated planning, development of a comprehensive

crime prevention program catalogue, provision of assistance to

communities and community-based organizations seeking information

regarding crime prevention programs and integrated program service

delivery, and development of strategies for program integration and

grant simplification. The Council shall have the authority to audit

the expenditure of funds received by grantees under programs

administered by or coordinated through the Council. In consultation

with the Council, the Chair may issue regulations and guidelines to

carry out this part and programs administered by or coordinated

through the Council.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30101, Sept. 13, 1994, 108 Stat.

1836.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (a)(1), (2), was in the

original "this title", meaning title III of Pub. L. 103-322, Sept.

13, 1994, 108 Stat. 1836, which enacted this subchapter, sections

3796ff to 3796ff-4 of this title, and sections 6701 to 6720 of

Title 31, Money and Finance, amended sections 3791, 3793, and 3797

of this title, sections 2502 to 2504, 2506, and 2512 of Title 16,

Conservation, and section 3621 of Title 18, Crimes and Criminal

Procedure, and enacted provisions set out as notes under section

13701 of this title and sections 6701 and 6702 of Title 31. For

complete classification of title III to the Code, see Tables.

The Violent Crime Control and Law Enforcement Act of 1994,

referred to in subsec. (b), is Pub. L. 103-322, Sept. 13, 1994, 108

Stat. 1796. For complete classification of this Act to the Code,

see Short Title note set out under section 13701 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13742 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part A - Ounce of Prevention Council

-HEAD-

Sec. 13742. Ounce of prevention grant program

-STATUTE-

(a) In general

The Council may make grants for -

(1) summer and after-school (including weekend and holiday)

education and recreation programs;

(2) mentoring, tutoring, and other programs involving

participation by adult role models (such as D.A.R.E. America);

(3) programs assisting and promoting employability and job

placement; and

(4) prevention and treatment programs to reduce substance

abuse, child abuse, and adolescent pregnancy, including outreach

programs for at-risk families.

(b) Applicants

Applicants may be Indian tribal governments, cities, counties, or

other municipalities, school boards, colleges and universities,

private nonprofit entities, or consortia of eligible applicants.

Applicants must show that a planning process has occurred that has

involved organizations, institutions, and residents of target

areas, including young people, and that there has been cooperation

between neighborhood-based entities, municipality-wide bodies, and

local private-sector representatives. Applicants must demonstrate

the substantial involvement of neighborhood-based entities in the

carrying out of the proposed activities. Proposals must demonstrate

that a broad base of collaboration and coordination will occur in

the implementation of the proposed activities, involving

cooperation among youth-serving organizations, schools, health and

social service providers, employers, law enforcement professionals,

local government, and residents of target areas, including young

people. Applications shall be geographically based in particular

neighborhoods or sections of municipalities or particular segments

of rural areas, and applications shall demonstrate how programs

will serve substantial proportions of children and youth resident

in the target area with activities designed to have substantial

impact on their lives.

(c) Priority

In making such grants, the Council shall give preference to

coalitions consisting of a broad spectrum of community-based and

social service organizations that have a coordinated team approach

to reducing gang membership and the effects of substance abuse, and

providing alternatives to at-risk youth.

(d) Federal share

(1) In general

The Federal share of a grant made under this part (!1) may not

exceed 75 percent of the total costs of the projects described in

the applications submitted under subsection (b) of this section

for the fiscal year for which the projects receive assistance

under this subchapter.

(2) Waiver

The Council may waive the 25 percent matching requirement under

paragraph (1) upon making a determination that a waiver is

equitable in view of the financial circumstances affecting the

ability of the applicant to meet that requirement.

(3) Non-Federal share

The non-Federal share of such costs may be in cash or in kind,

fairly evaluated, including plant, equipment, and services.

(4) Nonsupplanting requirement

Funds made available under this subchapter to a governmental

entity shall not be used to supplant State or local funds, or in

the case of Indian tribal governments, funds supplied by the

Bureau of Indian Affairs, but shall be used to increase the

amount of funds that would, in the absence of Federal funds

received under this subchapter, be made available from State or

local sources, or in the case of Indian tribal governments, from

funds supplied by the Bureau of Indian Affairs.

(5) Evaluation

The Council shall conduct a thorough evaluation of the programs

assisted under this subchapter.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30102, Sept. 13, 1994, 108 Stat.

1837.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in subsec. (d)(1), appearing in the

original is unidentifiable because subtitle A of title III of Pub.

L. 103-322 does not contain parts.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 13743 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part A - Ounce of Prevention Council

-HEAD-

Sec. 13743. "Indian tribe" defined

-STATUTE-

In this part, "Indian tribe" means a tribe, band, pueblo, nation,

or other organized group or community of Indians, including an

Alaska Native village (as defined in or established under the

Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),(!1)

that is recognized as eligible for the special programs and

services provided by the United States to Indians because of their

status as Indians.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30103, Sept. 13, 1994, 108 Stat.

1838.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in text, is

Pub. L. 92-203, Sec. 2, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of Title

43 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-FOOTNOTE-

(!1) So in original. A closing parenthesis probably should precede

the comma.

-End-

-CITE-

42 USC Sec. 13744 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part A - Ounce of Prevention Council

-HEAD-

Sec. 13744. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this part -

(1) $1,500,000 for fiscal year 1995;

(2) $14,700,000 for fiscal year 1996;

(3) $18,000,000 for fiscal year 1997;

(4) $18,000,000 for fiscal year 1998;

(5) $18,900,000 for fiscal year 1999; and

(6) $18,900,000 for fiscal year 2000.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30104, Sept. 13, 1994, 108 Stat.

1838.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Part B - Local Crime Prevention Block Grant

Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part B - Local Crime Prevention Block Grant Program

-HEAD-

PART B - LOCAL CRIME PREVENTION BLOCK GRANT PROGRAM

-End-

-CITE-

42 USC Sec. 13751 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part B - Local Crime Prevention Block Grant Program

-HEAD-

Sec. 13751. Payments to local governments

-STATUTE-

(a) Payment and use

(1) Payment

The Attorney General,(!1) shall pay to each unit of general

local government which qualifies for a payment under this part an

amount equal to the sum of any amounts allocated to the

government under this part for each payment period. The Attorney

General shall pay such amount from amounts appropriated under

section 13752 of this title.

(2) Use

Amounts paid to a unit of general local government under this

section shall be used by that unit for carrying out one or more

of the following purposes:

(A) Education, training, research, prevention, diversion,

treatment, and rehabilitation programs to prevent juvenile

violence, juvenile gangs, and the use and sale of illegal drugs

by juveniles.

(B) Programs to prevent crimes against the elderly based on

the concepts of the Triad model.

(C) Programs that prevent young children from becoming gang

involved, including the award of grants or contracts to

community-based service providers that have a proven track

record of providing services to children ages 5 to 18.

(D) Saturation jobs programs, offered either separately or in

conjunction with the services provided for under the Youth Fair

Chance Program, that provide employment opportunities leading

to permanent unsubsidized employment for disadvantaged young

adults 16 through 25 years of age.

(E) Midnight sports league programs that shall require each

player in the league to attend employment counseling, job

training, and other educational classes provided under the

program, which shall be held in conjunction with league sports

games at or near the site of the games.

(F) Supervised sports and recreation programs, including

Olympic Youth Development Centers established in cooperation

with the United States Olympic Committee, that are offered -

(i) after school and on weekends and holidays, during the

school year; and

(ii) as daily (or weeklong) full-day programs (to the

extent available resources permit) or as part-day programs,

during the summer months.

(G) Prevention and enforcement programs to reduce -

(i) the formation or continuation of juvenile gangs; and

(ii) the use and sale of illegal drugs by juveniles.

(H) Youth anticrime councils to give intermediate and

secondary school students a structured forum through which to

work with community organizations, law enforcement officials,

government and media representatives, and school administrators

and faculty to address issues regarding youth and violence.

(I) Award of grants or contracts to the Boys and Girls Clubs

of America, a national nonprofit youth organization, to

establish Boys and Girls Clubs in public housing.

(J) Supervised visitation centers for children who have been

removed from their parents and placed outside the home as a

result of abuse or neglect or other risk of harm to them and

for children whose parents are separated or divorced and the

children are at risk because -

(i) there is documented sexual, physical, or emotional

abuse as determined by a court of competent jurisdiction;

(ii) there is suspected or elevated risk of sexual,

physical, or emotional abuse, or there have been threats of

parental abduction of the child;

(iii) due to domestic violence, there is an ongoing risk of

harm to a parent or child;

(iv) a parent is impaired because of substance abuse or

mental illness;

(v) there are allegations that a child is at risk for any

of the reasons stated in clauses (i), (ii), (iii), and (iv),

pending an investigation of the allegations; or

(vi) other circumstances, as determined by a court of

competent jurisdiction, point to the existence of such a

risk.

(K) Family Outreach Teams which provide a youth worker, a

parent worker, and a school-parent organizer to provide

training in outreach, mentoring, community organizing and peer

counseling and mentoring to locally recruited volunteers in a

particular area.

(L) To establish corridors of safety for senior citizens by

increasing the numbers, presence, and watchfulness of law

enforcement officers, community groups, and business owners and

employees.

(M) Teams or units involving both specially trained law

enforcement professionals and child or family services

professionals that on a 24-hour basis respond to or deal with

violent incidents in which a child is involved as a

perpetrator, witness, or victim.

(N) Dwelling units to law enforcement officers without charge

or at a substantially reduced rent for the purpose of providing

greater security for residents of high crime areas.

(b) Timing of payments

The Attorney General shall pay each amount allocated under this

part to a unit of general local government for a payment period by

the later of 90 days after the date the amount is available or the

first day of the payment period if the unit of general local

government has provided the Attorney General with the assurances

required by section 13753(d) of this title.

(c) Adjustments

(1) In general

Subject to paragraph (2), the Attorney General shall adjust a

payment under this part to a unit of general local government to

the extent that a prior payment to the government was more or

less than the amount required to be paid.

(2) Considerations

The Attorney General may increase or decrease under this

subsection a payment to a unit of general local government only

if the Attorney General determines the need for the increase or

decrease, or the unit requests the increase or decrease, within

one year after the end of the payment period for which the

payment was made.

(d) Reservation for adjustments

The Attorney General may reserve a percentage of not more than 2

percent of the amount under this section for a payment period for

all units of general local government in a State if the Attorney

General considers the reserve is necessary to ensure the

availability of sufficient amounts to pay adjustments after the

final allocation of amounts among the units of general local

government in the State.

(e) Repayment of unexpended amounts

(1) Repayment required

A unit of general local government shall repay to the Attorney

General, by not later than 15 months after receipt from the

Attorney General, any amount that is -

(A) paid to the unit from amounts appropriated under the

authority of this section; and

(B) not expended by the unit within one year after receipt

from the Attorney General.

(2) Penalty for failure to repay

If the amount required to be repaid is not repaid, the Attorney

General shall reduce payments in future payment periods

accordingly.

(3) Deposit of amounts repaid

Amounts received by the Attorney General as repayments under

this subsection shall be deposited in a designated fund for

future payments to units of general local government.

(f) Nonsupplanting requirement

Funds made available under this part to units of local government

shall not be used to supplant State or local funds, but will be

used to increase the amount of funds that would, in the absence of

funds under this part, be made available from State or local

sources.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30201, Sept. 13, 1994, 108 Stat.

1838.)

-MISC1-

NATIONAL POLICE ATHLETIC LEAGUE YOUTH ENRICHMENT

Pub. L. 106-367, Oct. 27, 2000, 114 Stat. 1412, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'National Police Athletic League

Youth Enrichment Act of 2000'.

"SEC. 2. FINDINGS.

"Congress makes the following findings:

"(1) The goals of the Police Athletic League are to -

"(A) increase the academic success of youth participants in

PAL programs;

"(B) promote a safe, healthy environment for youth under the

supervision of law enforcement personnel where mutual trust and

respect can be built;

"(C) increase school attendance by providing alternatives to

suspensions and expulsions;

"(D) reduce the juvenile crime rate in participating

designated communities and the number of police calls involving

juveniles during nonschool hours;

"(E) provide youths with alternatives to drugs, alcohol,

tobacco, and gang activity;

"(F) create positive communications and interaction between

youth and law enforcement personnel; and

"(G) prepare youth for the workplace.

"(2) The Police Athletic League, during its 55-year history as

a national organization, has proven to be a positive force in the

communities it serves.

"(3) The Police Athletic League is a network of 1,700

facilities serving over 3,000 communities. There are 320 PAL

chapters throughout the United States, the Virgin Islands, and

the Commonwealth of Puerto Rico, serving 1,500,000 youths, ages 5

to 18, nationwide.

"(4) Based on PAL chapter demographics, approximately 82

percent of the youths who benefit from PAL programs live in inner

cities and urban areas.

"(5) PAL chapters are locally operated, volunteer-driven

organizations. Although most PAL chapters are sponsored by a law

enforcement agency, PAL chapters receive no direct funding from

law enforcement agencies and are dependent in large part on

support from the private sector, such as individuals, business

leaders, corporations, and foundations. PAL chapters have been

exceptionally successful in balancing public funds with private

sector donations and maximizing community involvement.

"(6) Today's youth face far greater risks than did their

parents and grandparents. Law enforcement statistics demonstrate

that youth between the ages of 12 and 17 are at risk of

committing violent acts and being victims of violent acts between

the hours of 3 p.m. and 8 p.m.

"(7) Greater numbers of students are dropping out of school and

failing in school, even though the consequences of academic

failure are more dire in 1999 than ever before.

"(8) Many distressed areas in the United States are still

underserved by PAL chapters.

"SEC. 3. PURPOSE.

"The purpose of this Act is to provide adequate resources in the

form of -

"(1) assistance for the 320 established PAL chapters to

increase of services to the communities they are serving; and

"(2) seed money for the establishment of 250 (50 per year over

a 5-year period) additional local PAL chapters in public housing

projects and other distressed areas, including distressed areas

with a majority population of Native Americans, by not later than

fiscal year 2006.

"SEC. 4. DEFINITIONS.

"In this Act:

"(1) Assistant attorney general. - The term 'Assistant Attorney

General' means the Assistant Attorney General for the Office of

Justice Programs of the Department of Justice.

"(2) Distressed area. - The term 'distressed area' means an

urban, suburban, or rural area with a high percentage of

high-risk youth, as defined in section 509A of the Public Health

Service Act (42 U.S.C. 290aa-8(f)) [now 42 U.S.C. 290bb-23(g)].

"(3) PAL chapter. - The term 'PAL chapter' means a chapter of a

Police or Sheriff's Athletic/Activities League.

"(4) Police athletic league. - The term 'Police Athletic

League' means the private, nonprofit, national representative

organization for 320 Police or Sheriff's Athletic/Activities

Leagues throughout the United States (including the Virgin

Islands and the Commonwealth of Puerto Rico).

"(5) Public housing; project. - The terms 'public housing' and

'project' have the meanings given those terms in section 3(b) of

the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).

"SEC. 5. GRANTS AUTHORIZED.

"(a) In General. - Subject to appropriations, for each of fiscal

years 2001 through 2005, the Assistant Attorney General shall award

a grant to the Police Athletic League for the purpose of

establishing PAL chapters to serve public housing projects and

other distressed areas, and expanding existing PAL chapters to

serve additional youths.

"(b) Application. -

"(1) Submission. - In order to be eligible to receive a grant

under this section, the Police Athletic League shall submit to

the Assistant Attorney General an application, which shall

include -

"(A) a long-term strategy to establish 250 additional PAL

chapters and detailed summary of those areas in which new PAL

chapters will be established, or in which existing chapters

will be expanded to serve additional youths, during the next

fiscal year;

"(B) a plan to ensure that there are a total of not less than

570 PAL chapters in operation before January 1, 2004;

"(C) a certification that there will be appropriate

coordination with those communities where new PAL chapters will

be located; and

"(D) an explanation of the manner in which new PAL chapters

will operate without additional, direct Federal financial

assistance once assistance under this Act is discontinued.

"(2) Review. - The Assistant Attorney General shall review and

take action on an application submitted under paragraph (1) not

later than 120 days after the date of such submission.

"SEC. 6. USE OF FUNDS.

"(a) In General. -

"(1) Assistance for new and expanded chapters. - Amounts made

available under a grant awarded under this Act shall be used by

the Police Athletic League to provide funding for the

establishment of PAL chapters serving public housing projects and

other distressed areas, or the expansion of existing PAL

chapters.

"(2) Program requirements. - Each new or expanded PAL chapter

assisted under paragraph (1) shall carry out not less than four

programs during nonschool hours, of which -

"(A) not less than two programs shall provide -

"(i) mentoring assistance;

"(ii) academic assistance;

"(iii) recreational and athletic activities; or

"(iv) technology training; and

"(B) any remaining programs shall provide -

"(i) drug, alcohol, and gang prevention activities;

"(ii) health and nutrition counseling;

"(iii) cultural and social programs;

"(iv) conflict resolution training, anger management, and

peer pressure training;

"(v) job skill preparation activities; or

"(vi) Youth Police Athletic League Conferences or Youth

Forums.

"(b) Additional Requirements. - In carrying out the programs

under subsection (a), a PAL chapter shall, to the maximum extent

practicable -

"(1) use volunteers from businesses, academic communities,

social organizations, and law enforcement organizations to serve

as mentors or to assist in other ways;

"(2) ensure that youth in the local community participate in

designing the after-school activities;

"(3) develop creative methods of conducting outreach to youth

in the community;

"(4) request donations of computer equipment and other

materials and equipment; and

"(5) work with State and local park and recreation agencies so

that activities funded with amounts made available under a grant

under this Act will not duplicate activities funded from other

sources in the community served.

"SEC. 7. REPORTS.

"(a) Report to Assistant Attorney General. - For each fiscal year

for which a grant is awarded under this Act, the Police Athletic

League shall submit to the Assistant Attorney General a report on

the use of amounts made available under the grant.

"(b) Report to Congress. - Not later than May 1 of each fiscal

year for which amounts are made available to carry out this Act,

the Assistant Attorney General shall submit to the Committees on

the Judiciary of the Senate and the House of Representatives a

report that details the progress made under this Act in

establishing and expanding PAL chapters in public housing projects

and other distressed areas, and the effectiveness of the PAL

programs in reducing drug abuse, school dropouts, and juvenile

crime.

"SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

"(a) In General. - There are authorized to be appropriated to

carry out this Act $16,000,000 for each of fiscal years 2001

through 2005.

"(b) Funding for Program Administration. - Of the amount made

available to carry out this Act in each fiscal year -

"(1) not less than 2 percent shall be used for research and

evaluation of the grant program under this Act;

"(2) not less than 1 percent shall be used for technical

assistance related to the use of amounts made available under

grants awarded under this Act; and

"(3) not less than 1 percent shall be used for the management

and administration of the grant program under this Act, except

that the total amount made available under this paragraph for

administration of that program shall not exceed 6 percent."

KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE

Pub. L. 106-313, title I, Sec. 112, Oct. 17, 2000, 114 Stat.

1260, provided that:

"(a) Short Title. - This section may be cited as the 'Kids 2000

Act'.

"(b) Findings. - Congress makes the following findings:

"(1) There is an increasing epidemic of juvenile crime

throughout the United States.

"(2) It is well documented that the majority of juvenile crimes

take place during after-school hours.

"(3) Knowledge of technology is becoming increasingly necessary

for children in school and out of school.

"(4) The Boys and Girls Clubs of America have 2,700 clubs

throughout all 50 States, serving over 3,000,000 boys and girls

primarily from at-risk communities.

"(5) The Boys and Girls Clubs of America have the physical

structures in place for immediate implementation of an

after-school technology program.

"(6) Building technology centers and providing integrated

content and full-time staffing at those centers in the Boys and

Girls Clubs of America nationwide will help foster education, job

training, and an alternative to crime for at-risk youth.

"(7) Partnerships between the public sector and the private

sector are an effective way of providing after-school technology

programs in the Boys and Girls Clubs of America.

"(8) PowerUp: Bridging the Digital Divide is an entity

comprised of more than a dozen nonprofit organizations, major

corporations, and Federal agencies that have joined together to

launch a major new initiative to help ensure that America's

underserved young people acquire the skills, experiences, and

resources they need to succeed in the digital age.

"(9) Bringing PowerUp into the Boys and Girls Clubs of America

will be an effective way to ensure that our youth have a safe,

crime-free environment in which to learn the technological skills

they need to close the divide between young people who have

access to computer-based information and technology-related

skills and those who do not.

"(c) After-School Technology Grants to the Boys and Girls Clubs

of America. -

"(1) Purposes. - The Attorney General shall make grants to the

Boys and Girls Clubs of America for the purpose of funding

effective after-school technology programs, such as PowerUp, in

order to provide -

"(A) constructive technology-focused activities that are part

of a comprehensive program to provide access to technology and

technology training to youth during after-school hours,

weekends, and school vacations;

"(B) supervised activities in safe environments for youth;

and

"(C) full-time staffing with teachers, tutors, and other

qualified personnel.

"(2) Subawards. - The Boys and Girls Clubs of America shall

make subawards to local boys and girls clubs authorizing

expenditures associated with providing technology programs such

as PowerUp, including the hiring of teachers and other personnel,

procurement of goods and services, including computer equipment,

or such other purposes as are approved by the Attorney General.

"(d) Applications. -

"(1) Eligibility. - In order to be eligible to receive a grant

under this section, an applicant for a subaward (specified in

subsection (c)(2)) shall submit an application to the Boys and

Girls Clubs of America, in such form and containing such

information as the Attorney General may reasonably require.

"(2) Application requirements. - Each application submitted in

accordance with paragraph (1) shall include -

"(A) a request for a subgrant to be used for the purposes of

this section;

"(B) a description of the communities to be served by the

grant, including the nature of juvenile crime, violence, and

drug use in the communities;

"(C) written assurances that Federal funds received under

this section will be used to supplement and not supplant,

non-Federal funds that would otherwise be available for

activities funded under this section;

"(D) written assurances that all activities funded under this

section will be supervised by qualified adults;

"(E) a plan for assuring that program activities will take

place in a secure environment that is free of crime and drugs;

"(F) a plan outlining the utilization of content-based

programs such as PowerUp, and the provision of trained adult

personnel to supervise the after-school technology training;

and

"(G) any additional statistical or financial information that

the Boys and Girls Clubs of America may reasonably require.

"(e) Grant Awards. - In awarding subgrants under this section,

the Boys and Girls Clubs of America shall consider -

"(1) the ability of the applicant to provide the intended

services;

"(2) the history and establishment of the applicant in

providing youth activities; and

"(3) the extent to which services will be provided in

crime-prone areas and technologically underserved populations,

and efforts to achieve an equitable geographic distribution of

the grant awards.

"(f) Authorization of Appropriations. -

"(1) In general. - There is authorized to be appropriated

$20,000,000 for each of the fiscal years 2001 through 2006 to

carry out this section.

"(2) Source of funds. - Funds to carry out this section may be

derived from the Violent Crime Reduction Trust Fund.

"(3) Continued availability. - Amounts made available under

this subsection shall remain available until expended."

ESTABLISHMENT OF BOYS AND GIRLS CLUBS

Pub. L. 104-294, title IV, Sec. 401, Oct. 11, 1996, 110 Stat.

3496, as amended by Pub. L. 105-133, Sec. 1, Dec. 2, 1997, 111

Stat. 2568; Pub. L. 107-273, div. B, title I, Sec. 1101, Nov. 2,

2002, 116 Stat. 1791, provided that:

"(a) Findings and Purpose. -

"(1) Findings. - The Congress finds that -

"(A) the Boys and Girls Clubs of America, chartered by an Act

of Congress on December 10, 1991 [Pub. L. 102-199, see Tables

for classification], during its 90-year history as a national

organization, has proven itself as a positive force in the

communities it serves;

"(B) there are 1,810 Boys and Girls Clubs facilities

throughout the United States, Puerto Rico, and the United

States Virgin Islands, serving 2,420,000 youths nationwide;

"(C) 71 percent of the young people who benefit from Boys and

Girls Clubs programs live in our inner cities and urban areas;

"(D) Boys and Girls Clubs are locally run and have been

exceptionally successful in balancing public funds with private

sector donations and maximizing community involvement;

"(E) Boys and Girls Clubs are located in 289 public housing

sites across the Nation;

"(F) public housing projects in which there is an active Boys

and Girls Club have experienced a 25 percent reduction in the

presence of crack cocaine, a 22 percent reduction in overall

drug activity, and a 13 percent reduction in juvenile crime;

"(G) these results have been achieved in the face of national

trends in which overall drug use by youth has increased 105

percent since 1992 and 10.9 percent of the Nation's young

people use drugs on a monthly basis; and

"(H) many public housing projects and other distressed areas

are still underserved by Boys and Girls Clubs.

"(2) Purpose. - The purpose of this section is to provide

adequate resources in the form of seed money for the Boys and

Girls Clubs of America to establish 1,200 additional local clubs

where needed, with particular emphasis placed on establishing

clubs in public housing projects and distressed areas, and to

ensure that there are a total of not less than 4,000 Boys and

Girls Clubs of America facilities in operation not later than

December 31, 2005, serving not less than 5,000,000 young people.

"(b) Definitions. - For purposes of this section -

"(1) the terms 'public housing' and 'project' have the same

meanings as in section 3(b) of the United States Housing Act of

1937 [42 U.S.C. 1437a(b)]; and

"(2) the term 'distressed area' means an urban, suburban, rural

area, or Indian reservation with a population of high risk youth

as defined in section 517 of the Public Health Service Act (42

U.S.C. 290bb-23) of sufficient size to warrant the establishment

of a Boys and Girls Club.

"(c) Establishment. -

"(1) In general. - For each of the fiscal years 2002, 2003,

2004, 2005, and 2006, the Director of the Bureau of Justice

Assistance of the Department of Justice shall make a grant to the

Boys and Girls Clubs of America for the purpose of establishing

and extending Boys and Girls Clubs facilities where needed, with

particular emphasis placed on establishing clubs in and extending

services to public housing projects and distressed areas.

"(2) Applications. - The Attorney General shall accept an

application for a grant under this subsection if submitted by the

Boys and Girls Clubs of America, and approve or deny the grant

not later than 90 days after the date on which the application is

submitted, if the application -

"(A) includes a long-term strategy to establish 1,200

additional Boys and Girls Clubs and detailed summary of those

areas in which new facilities will be established, or in which

existing facilities will be expanded to serve additional

youths, during the next fiscal year;

"(B) includes a plan to ensure that there are a total of not

less than 4,000 Boys and Girls Clubs of America facilities in

operation before January 1, 2007;

"(C) certifies that there will be appropriate coordination

with those communities where clubs will be located; and

"(D) explains the manner in which new facilities will operate

without additional, direct Federal financial assistance to the

Boys and Girls Clubs once assistance under this subsection is

discontinued.

"(d) Report. - Not later than May 1 of each fiscal year for which

amounts are made available to carry out this Act [see Tables for

classification], the Attorney General shall submit to the

Committees on the Judiciary of the Senate and the House of

Representatives a report that details the progress made under this

Act in establishing Boys and Girls Clubs in public housing projects

and other distressed areas, and the effectiveness of the programs

in reducing drug abuse and juvenile crime.

"(e) Authorization of Appropriations. -

"(1) In general. - There are authorized to be appropriated to

carry out this section -

"(A) $70,000,000 for fiscal year 2002;

"(B) $80,000,000 for fiscal year 2003;

"(C) $80,000,000 for fiscal year 2004; and

"(D) $80,000,000 for fiscal year 2005.

"[(2) Repealed. Pub. L. 107-273, div. B, title I, Sec. 1101(3),

Nov. 2, 2002, 116 Stat. 1791.]

"(f) Role Model Grants. - Of amounts made available under

subsection (e) for any fiscal year -

"(1) not more than 5 percent may be used to provide a grant to

the Boys and Girls Clubs of America for administrative, travel,

and other costs associated with a national role-model speaking

tour program; and

"(2) no amount may be used to compensate speakers other than to

reimburse speakers for reasonable travel and accommodation costs

associated with the program described in paragraph (1)."

[Effective Aug. 1, 2000, all functions of Director of Bureau of

Justice Assistance, other than those enumerated in section 3742(3)

to (6) of this title, transferred to Assistant Attorney General for

Office of Justice Programs, see section 1000(a)(1) [title I, Sec.

108(b)] of Pub. L. 106-113, set out as a note under section 3741 of

this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13753, 13755, 14214 of

this title.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

42 USC Sec. 13752 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part B - Local Crime Prevention Block Grant Program

-HEAD-

Sec. 13752. Authorization of appropriations

-STATUTE-

(a) Authorization of appropriations

There are authorized to be appropriated to carry out this part -

(1) $75,940,000 for fiscal year 1996;

(2) $75,940,000 for fiscal year 1997;

(3) $75,940,000 for fiscal year 1998;

(4) $75,940,000 for fiscal year 1999; and

(5) $73,240,000 for fiscal year 2000.

Such sums are to remain available until expended.

(b) Administrative costs

Up to 2.5 percent of the amount authorized to be appropriated

under subsection (b) (!1) of this section is authorized to be

appropriated for the period fiscal year 1995 through fiscal year

2000 to be available for administrative costs by the Attorney

General in furtherance of the purposes of the program. Such sums

are to remain available until expended.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30202, Sept. 13, 1994, 108 Stat.

1841.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13751, 13754, 14214 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be subsection "(a)".

-End-

-CITE-

42 USC Sec. 13753 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part B - Local Crime Prevention Block Grant Program

-HEAD-

Sec. 13753. Qualification for payment

-STATUTE-

(a) In general

The Attorney General shall issue regulations establishing

procedures under which eligible units of general local government

are required to provide notice to the Attorney General of the

units' proposed use of assistance under this part.

(b) General requirements for qualification

A unit of general local government qualifies for a payment under

this part for a payment period only after establishing to the

satisfaction of the Attorney General that -

(1) the government will establish a trust fund in which the

government will deposit all payments received under this part;

(2) the government will use amounts in the trust fund

(including interest) during a reasonable period;

(3) the government will expend the payments so received, in

accordance with the laws and procedures that are applicable to

the expenditure of revenues of the government;

(4) if at least 25 percent of the pay of individuals employed

by the government in a public employee occupation is paid out of

the trust fund, individuals in the occupation any part of whose

pay is paid out of the trust fund will receive pay at least equal

to the prevailing rate of pay for individuals employed in similar

public employee occupations by the government;

(5) the government will use accounting, audit, and fiscal

procedures that conform to guidelines which shall be prescribed

by the Attorney General. As applicable, amounts received under

this part shall be audited in compliance with the Single Audit

Act of 1984 [31 U.S.C. 7501 et seq.];

(6) after reasonable notice to the government, the government

will make available to the Attorney General and the Comptroller

General of the United States, with the right to inspect, records

the Attorney General reasonably requires to review compliance

with this part or the Comptroller General of the United States

reasonably requires to review compliance and operations;

(7) the government will make reports the Attorney General

reasonably requires, in addition to the annual reports required

under this part; and

(8) the government will spend the funds only for the purposes

set forth in section 13751(a)(2) of this title.

(c) Review by Governors

A unit of general local government shall give the chief executive

officer of the State in which the government is located an

opportunity for review and comment before establishing compliance

with subsection (d) of this section.

(d) Sanctions for noncompliance

(1) In general

If the Attorney General decides that a unit of general local

government has not complied substantially with subsection (b) of

this section or regulations prescribed under subsection (b) of

this section, the Attorney General shall notify the government.

The notice shall state that if the government does not take

corrective action by the 60th day after the date the government

receives the notice, the Attorney General will withhold

additional payments to the government for the current payment

period and later payment periods until the Attorney General is

satisfied that the government -

(A) has taken the appropriate corrective action; and

(B) will comply with subsection (b) of this section and

regulations prescribed under subsection (b) of this section.

(2) Notice

Before giving notice under paragraph (1), the Attorney General

shall give the chief executive officer of the unit of general

local government reasonable notice and an opportunity for

comment.

(3) Payment conditions

The Attorney General may make a payment to a unit of general

local government notified under paragraph (1) only if the

Attorney General is satisfied that the government -

(A) has taken the appropriate corrective action; and

(B) will comply with subsection (b) of this section and

regulations prescribed under subsection (b) of this section.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30203, Sept. 13, 1994, 108 Stat.

1841; Pub. L. 104-316, title I, Sec. 122(u), Oct. 19, 1996, 110

Stat. 3838.)

-REFTEXT-

REFERENCES IN TEXT

The Single Audit Act of 1984, referred to in subsec. (b)(5), is

Pub. L. 98-502, Oct. 19, 1984, 98 Stat. 2327, as amended, which is

classified generally to chapter 75 (Sec. 7501 et seq.) of Title 31,

Money and Finance. For complete classification of this Act to the

Code, see Short Title note set out under section 7501 of Title 31

and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(5). Pub. L. 104-316 struck out "after

consultation with the Comptroller General of the United States"

after "Attorney General".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13751, 14214 of this

title.

-End-

-CITE-

42 USC Sec. 13754 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part B - Local Crime Prevention Block Grant Program

-HEAD-

Sec. 13754. Allocation and distribution of funds

-STATUTE-

(a) State distribution

For each payment period, the Attorney General shall allocate out

of the amount appropriated for the period under the authority of

section 13752 of this title -

(1) 0.25 percent to each State; and

(2) of the total amount of funds remaining after allocation

under paragraph (1), an amount that is equal to the ratio that

the number of part 1 violent crimes reported by such State to the

Federal Bureau of Investigation for 1993 bears to the number of

part 1 violent crimes reported by all States to the Federal

Bureau of Investigation for 1993.

(b) Local distribution

(1) The Attorney General shall allocate among the units of

general local government in a State the amount allocated to the

State under paragraphs (1) and (2) of subsection (a) of this

section.

(2) The Attorney General shall allocate to each unit of general

local government an amount which bears the ratio that the number of

part 1 violent crimes reported by such unit to the Federal Bureau

of Investigation for 1993 bears to the number of part 1 violent

crimes reported by all units in the State in which the unit is

located to the Federal Bureau of Investigation for 1993 multiplied

by the ratio of the population living in all units in the State in

which the unit is located that reported part 1 violent crimes to

the Federal Bureau of Investigation for 1993 bears to the

population of the State; or if such data are not available for a

unit, the ratio that the population of such unit bears to the

population of all units in the State in which the unit is located

for which data are not available multiplied by the ratio of the

population living in units in the State in which the unit is

located for which data are not available bears to the population of

the State.

(3) If under paragraph (2) a unit is allotted less than $5,000

for the payment period, the amount allotted shall be transferred to

the Governor of the State who shall equitably distribute the

allocation to all such units or consortia thereof.

(4) If there is in a State a unit of general local government

that has been incorporated 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 allocate to this newly

incorporated local government, out of the amount allocated to the

State under this section, an amount bearing the same ratio to the

amount allocated to the State as the population of the newly

incorporated local government bears to the population of the State.

If there is in the State a unit of general local government that

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 this local government to the unit of general

local government that annexed it.

(c) Unavailability of information

For purposes of this section, if data regarding part 1 violent

crimes in any State for 1993 is unavailable or substantially

inaccurate, the Attorney General shall utilize the best available

comparable data regarding the number of violent crimes for 1993 for

such State for the purposes of allocation of any funds under this

part.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30204, Sept. 13, 1994, 108 Stat.

1842.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13758, 14214 of this

title.

-End-

-CITE-

42 USC Sec. 13755 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part B - Local Crime Prevention Block Grant Program

-HEAD-

Sec. 13755. Utilization of private sector

-STATUTE-

Funds or a portion of funds allocated under this part may be

utilized to contract with private, nonprofit entities or

community-based organizations to carry out the uses specified under

section 13751(a)(2) of this title.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30205, Sept. 13, 1994, 108 Stat.

1843.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13756 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part B - Local Crime Prevention Block Grant Program

-HEAD-

Sec. 13756. Public participation

-STATUTE-

A unit of general local government expending payments under this

part shall hold at least one public hearing on the proposed use of

the payment in relation to its entire budget. At the hearing,

persons shall be given an opportunity to provide written and oral

views to the governmental authority responsible for enacting the

budget and to ask questions about the entire budget and the

relation of the payment to the entire budget. The government shall

hold the hearing at a time and a place that allows and encourages

public attendance and participation.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30206, Sept. 13, 1994, 108 Stat.

1843.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13757 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part B - Local Crime Prevention Block Grant Program

-HEAD-

Sec. 13757. Administrative provisions

-STATUTE-

The administrative provisions of part H of the Omnibus Crime

Control and Safe Streets Act of 1968 [42 U.S.C. 3781 et seq.],

shall apply to the Attorney General for purposes of carrying out

this part.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30207, Sept. 13, 1994, 108 Stat.

1844.)

-REFTEXT-

REFERENCES IN TEXT

The Omnibus Crime Control and Safe Streets Act of 1968, referred

to in text, is Pub. L. 90-351, June 19, 1968, 82 Stat. 197, as

amended. The reference to part H of the Act probably means part H

of title I of the Act which is classified principally to subchapter

VIII (Sec. 3781 et seq.) of chapter 46 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 3711 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13758 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part B - Local Crime Prevention Block Grant Program

-HEAD-

Sec. 13758. Definitions

-STATUTE-

For purposes of this part:

(1) The term "unit of general local government" means -

(A) a county, township, city, or political subdivision of a

county, township, or city, that is a unit of general local

government as determined by the Secretary of Commerce for

general statistical purposes; and

(B) the District of Columbia and the recognized governing

body of an Indian tribe or Alaskan Native village that carries

out substantial governmental duties and powers.

(2) The term "payment period" means each 1-year period

beginning on October 1 of the years 1995 through 2000.

(3) The term "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,

except that American Samoa, Guam, and the Northern Mariana

Islands shall be considered as one State and that, for purposes

of section 13754(a) of this title, 33 per centum of the amounts

allocated shall be allocated to American Samoa, 50 per centum to

Guam, and 17 per centum to the Northern Mariana Islands.

(4) The term "children" means persons who are not younger than

5 and not older than 18 years old.

(5) The term "part 1 violent crimes" means murder and

non-negligent manslaughter, forcible rape, robbery, and

aggravated assault as reported to the Federal Bureau of

Investigation for purposes of the Uniform Crime Reports.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30208, Sept. 13, 1994, 108 Stat.

1844.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Part C - Model Intensive Grant Programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part C - Model Intensive Grant Programs

-HEAD-

PART C - MODEL INTENSIVE GRANT PROGRAMS

-End-

-CITE-

42 USC Sec. 13771 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part C - Model Intensive Grant Programs

-HEAD-

Sec. 13771. Grant authorization

-STATUTE-

(a) Establishment

(1) In general

The Attorney General may award grants to not more than 15

chronic high intensive crime areas to develop comprehensive model

crime prevention programs that -

(A) involve and utilize a broad spectrum of community

resources, including nonprofit community organizations, law

enforcement organizations, and appropriate State and Federal

agencies, including the State educational agencies;

(B) attempt to relieve conditions that encourage crime; and

(C) provide meaningful and lasting alternatives to

involvement in crime.

(2) Consultation with the Ounce of Prevention Council

The Attorney General may consult with the Ounce of Prevention

Council in awarding grants under paragraph (1).

(b) Priority

In awarding grants under subsection (a) of this section, the

Attorney General shall give priority to proposals that -

(1) are innovative in approach to the prevention of crime in a

specific area;

(2) vary in approach to ensure that comparisons of different

models may be made; and

(3) coordinate crime prevention programs funded under this

program with other existing Federal programs to address the

overall needs of communities that benefit from grants received

under this subchapter.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30301, Sept. 13, 1994, 108 Stat.

1844.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (b)(3), was in the

original "this title", meaning title III of Pub. L. 103-322, Sept.

13, 1994, 108 Stat. 1836, which enacted this subchapter, sections

3796ff to 3796ff-4 of this title, and sections 6701 to 6720 of

Title 31, Money and Finance, amended sections 3791, 3793, and 3797

of this title, sections 2502 to 2504, 2506, and 2512 of Title 16,

Conservation, and section 3621 of Title 18, Crimes and Criminal

Procedure, and enacted provisions set out as notes under section

13701 of this title and sections 6701 and 6702 of Title 31. For

complete classification of title III to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13772 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part C - Model Intensive Grant Programs

-HEAD-

Sec. 13772. Uses of funds

-STATUTE-

(a) In general

Funds awarded under this part may be used only for purposes

described in an approved application. The intent of grants under

this part is to fund intensively comprehensive crime prevention

programs in chronic high intensive crime areas.

(b) Guidelines

The Attorney General shall issue and publish in the Federal

Register guidelines that describe suggested purposes for which

funds under approved programs may be used.

(c) Equitable distribution of funds

In disbursing funds under this part, the Attorney General shall

ensure the distribution of awards equitably on a geographic basis,

including urban and rural areas of varying population and

geographic size.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30302, Sept. 13, 1994, 108 Stat.

1845.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13773 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part C - Model Intensive Grant Programs

-HEAD-

Sec. 13773. Program requirements

-STATUTE-

(a) Description

An applicant shall include a description of the distinctive

factors that contribute to chronic violent crime within the area

proposed to be served by the grant. Such factors may include lack

of alternative activities and programs for youth, deterioration or

lack of public facilities, inadequate public services such as

public transportation, street lighting, community-based substance

abuse treatment facilities, or employment services offices, and

inadequate police or public safety services, equipment, or

facilities.

(b) Comprehensive plan

An applicant shall include a comprehensive, community-based plan

to attack intensively the principal factors identified in

subsection (a) of this section. Such plans shall describe the

specific purposes for which funds are proposed to be used and how

each purpose will address specific factors. The plan also shall

specify how local nonprofit organizations, government agencies,

private businesses, citizens groups, volunteer organizations, and

interested citizens will cooperate in carrying out the purposes of

the grant.

(c) Evaluation

An applicant shall include an evaluation plan by which the

success of the plan will be measured, including the articulation of

specific, objective indicia of performance, how the indicia will be

evaluated, and a projected timetable for carrying out the

evaluation.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30303, Sept. 13, 1994, 108 Stat.

1845.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13774 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part C - Model Intensive Grant Programs

-HEAD-

Sec. 13774. Applications

-STATUTE-

To request a grant under this part the chief local elected

official of an area shall -

(1) prepare and submit to the Attorney General an application

in such form, at such time, and in accordance with such

procedures, as the Attorney General shall establish; and

(2) provide an assurance that funds received under this part

shall be used to supplement, not supplant, non-Federal funds that

would otherwise be available for programs funded under this part.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30304, Sept. 13, 1994, 108 Stat.

1845.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13775 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part C - Model Intensive Grant Programs

-HEAD-

Sec. 13775. Reports

-STATUTE-

Not later than December 31, 1998, the Attorney General shall

prepare and submit to the Committees on the Judiciary of the House

and Senate an evaluation of the model programs developed under this

part and make recommendations regarding the implementation of a

national crime prevention program.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30305, Sept. 13, 1994, 108 Stat.

1846.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13776 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part C - Model Intensive Grant Programs

-HEAD-

Sec. 13776. Definitions

-STATUTE-

In this part -

"chief local elected official" means an official designated

under regulations issued by the Attorney General. The criteria

used by the Attorney General in promulgating such regulations

shall ensure administrative efficiency and accountability in the

expenditure of funds and execution of funded projects under this

part.

"chronic high intensity crime area" means an area meeting

criteria adopted by the Attorney General by regulation that, at a

minimum, define areas with -

(A) consistently high rates of violent crime as reported in

the Federal Bureau of Investigation's "Uniform Crime Reports",

and

(B) chronically high rates of poverty as determined by the

Bureau of the Census.

"State" means a State, the District of Columbia, the

Commonwealth of Puerto Rico, the United States Virgin Islands,

American Samoa, Guam, and the Northern Mariana Islands.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30306, Sept. 13, 1994, 108 Stat.

1846.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13777 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part C - Model Intensive Grant Programs

-HEAD-

Sec. 13777. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this part -

(1) $100,000,000 for fiscal year 1996;

(2) $125,100,000 for fiscal year 1997;

(3) $125,100,000 for fiscal year 1998;

(4) $125,100,000 for fiscal year 1999; and

(5) $150,200,000 for fiscal year 2000.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30307, Sept. 13, 1994, 108 Stat.

1846.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Part D - Family and Community Endeavor Schools

Grant Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part D - Family and Community Endeavor Schools Grant Program

-HEAD-

PART D - FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT PROGRAM

-End-

-CITE-

42 USC Sec. 13791 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part D - Family and Community Endeavor Schools Grant Program

-HEAD-

Sec. 13791. Community schools youth services and supervision grant

program

-STATUTE-

(a) Short title

This section may be cited as the "Community Schools Youth

Services and Supervision Grant Program Act of 1994".

(b) Definitions

In this section -

"child" means a person who is not younger than 5 and not older

than 18 years old.

"community-based organization" means a private, locally

initiated, community-based organization that -

(A) is a nonprofit organization, as defined in section

5603(23) of this title; and

(B) is operated by a consortium of service providers,

consisting of representatives of 5 or more of the following

categories of persons:

(i) Residents of the community.

(ii) Business and civic leaders actively involved in

providing employment and business development opportunities

in the community.

(iii) Educators.

(iv) Religious organizations (which shall not provide any

sectarian instruction or sectarian worship in connection with

an activity funded under this subchapter).

(v) Law enforcement agencies.

(vi) Public housing agencies.

(vii) Other public agencies.

(viii) Other interested parties.

"eligible community" means an area identified pursuant to

subsection (e) of this section.

"Indian tribe" means a tribe, band, pueblo, nation, or other

organized group or community of Indians, including an Alaska

Native village (as defined in or established under the Alaska

Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is

recognized as eligible for the special programs and services

provided by the United States to Indians because of their status

as Indians.

"poverty line" means the income official poverty line (as

defined by the Office of Management and Budget, and revised

annually in accordance with section 9902(2) of this title (!1)

applicable to a family of the size involved.

"public school" means a public elementary school, as defined in

section 1001(i) (!2) of title 20, and a public secondary school,

as defined in section 1001(d) (!2) of title 20.

"Secretary" means the Secretary of Health and Human Services,

in consultation and coordination with the Attorney General.

"State" means a State, the District of Columbia, the

Commonwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands, American Samoa, Guam, and the United States

Virgin Islands.

(c) Program authority

(1) In general

(A) Allocations for States and Indian country

For any fiscal year in which the sums appropriated to carry

out this section equal or exceed $20,000,000, from the sums

appropriated to carry out this subsection, the Secretary shall

allocate, for grants under subparagraph (B) to community-based

organizations in each State, an amount bearing the same ratio

to such sums as the number of children in the State who are

from families with incomes below the poverty line bears to the

number of children in all States who are from families with

incomes below the poverty line. In view of the extraordinary

need for assistance in Indian country, an appropriate amount of

funds available under this part shall be made available for

such grants in Indian country.

(B) Grants to community-based organizations from allocations

For such a fiscal year, the Secretary may award grants from

the appropriate State or Indian country allocation determined

under subparagraph (A) on a competitive basis to eligible

community-based organizations to pay for the Federal share of

assisting eligible communities to develop and carry out

programs in accordance with this section.

(C) Reallocation

If, at the end of such a fiscal year, the Secretary

determines that funds allocated for community-based

organizations in a State or Indian country under subparagraph

(B) remain unobligated, the Secretary may use such funds to

award grants to eligible community-based organizations in

another State or Indian country to pay for such Federal share.

In awarding such grants, the Secretary shall consider the need

to maintain geographic diversity among the recipients of such

grants. Amounts made available through such grants shall remain

available until expended.

(2) Other fiscal years

For any fiscal year in which the sums appropriated to carry out

this section are less than $20,000,000, the Secretary may award

grants on a competitive basis to eligible community-based

organizations to pay for the Federal share of assisting eligible

communities to develop and carry out programs in accordance with

this section.

(3) Administrative costs

The Secretary may use not more than 3 percent of the funds

appropriated to carry out this section in any fiscal year for

administrative costs.

(d) Program requirements

(1) Location

A community-based organization that receives a grant under this

section to assist in carrying out such a program shall ensure

that the program is carried out -

(A) when appropriate, in the facilities of a public school

during nonschool hours; or

(B) in another appropriate local facility in a State or

Indian country, such as a college or university, a local or

State park or recreation center, church, or military base, that

is -

(i) in a location that is easily accessible to children in

the community; and

(ii) in compliance with all applicable local ordinances.

(2) Use of funds

Such community-based organization -

(A) shall use funds made available through the grant to

provide, to children in the eligible community, services and

activities that -

(i) (!3) shall include supervised sports programs, and

extracurricular and academic programs, that are offered -

(I) after school and on weekends and holidays, during the

school year; and

(II) as daily full-day programs (to the extent available

resources permit) or as part-day programs, during the

summer months;

(B) in providing such extracurricular and academic programs,

shall provide programs such as curriculum-based supervised

educational, work force preparation, entrepreneurship,

cultural, health programs, social activities, arts and crafts

programs, dance programs, tutorial and mentoring programs, and

other related activities;

(C) may use -

(i) such funds for minor renovation of facilities that are

in existence prior to the operation of the program and that

are necessary for the operation of the program for which the

organization receives the grant, purchase of sporting and

recreational equipment and supplies, reasonable costs for the

transportation of participants in the program, hiring of

staff, provision of meals for such participants, provision of

health services consisting of an initial basic physical

examination, provision of first aid and nutrition guidance,

family counselling, parental training, and substance abuse

treatment where appropriate; and

(ii) not more than 5 percent of such funds to pay for the

administrative costs of the program; and

(D) may not use such funds to provide sectarian worship or

sectarian instruction.

(e) Eligible community identification

(1) Identification

To be eligible to receive a grant under this section, a

community-based organization shall identify an eligible community

to be assisted under this section.

(2) Criteria

Such eligible community shall be an area that meets such

criteria with respect to significant poverty and significant

juvenile delinquency, and such additional criteria, as the

Secretary may by regulation require.

(f) Applications

(1) Application required

To be eligible to receive a grant under this section, a

community-based organization shall submit an application to the

Secretary at such time, in such manner, and accompanied by such

information, as the Secretary may reasonably require, and obtain

approval of such application.

(2) Contents of application

Each application submitted pursuant to paragraph (1) shall -

(A) describe the activities and services to be provided

through the program for which the grant is sought;

(B) contain an assurance that the community-based

organization will spend grant funds received under this section

in a manner that the community-based organization determines

will best accomplish the objectives of this section;

(C) contain a comprehensive plan for the program that is

designed to achieve identifiable goals for children in the

eligible community;

(D) set forth measurable goals and outcomes for the program

that -

(i) will -

(I) where appropriate, make a public school the focal

point of the eligible community; or

(II) make a local facility described in subsection

(d)(1)(B) of this section such a focal point; and

(ii) may include reducing the percentage of children in the

eligible community that enter the juvenile justice system,

increasing the graduation rates, school attendance, and

academic success of children in the eligible community, and

improving the skills of program participants;

(E) provide evidence of support for accomplishing such goals

and outcomes from -

(i) community leaders;

(ii) businesses;

(iii) local educational agencies;

(iv) local officials;

(v) State officials;

(vi) Indian tribal government officials; and

(vii) other organizations that the community-based

organization determines to be appropriate;

(F) contain an assurance that the community-based

organization will use grant funds received under this section

to provide children in the eligible community with activities

and services that shall include supervised sports programs, and

extracurricular and academic programs, in accordance with

subparagraphs (A) and (B) of subsection (d)(2) of this section;

(G) contain a list of the activities and services that will

be offered through the program for which the grant is sought

and sponsored by private nonprofit organizations, individuals,

and groups serving the eligible community, including -

(i) extracurricular and academic programs, such as programs

described in subsection (d)(2)(B) of this section; and

(ii) activities that address specific needs in the

community;

(H) demonstrate the manner in which the community-based

organization will make use of the resources, expertise, and

commitment of private entities in carrying out the program for

which the grant is sought;

(I) include an estimate of the number of children in the

eligible community expected to be served pursuant to the

program;

(J) include a description of charitable private resources,

and all other resources, that will be made available to achieve

the goals of the program;

(K) contain an assurance that the community-based

organization will use competitive procedures when purchasing,

contracting, or otherwise providing for goods, activities, or

services to carry out programs under this section;

(L) contain an assurance that the program will maintain a

staff-to-participant ratio (including volunteers) that is

appropriate to the activity or services provided by the

program;

(M) contain an assurance that the program will maintain an

average attendance rate of not less than 75 percent of the

participants enrolled in the program, or will enroll additional

participants in the program;

(N) contain an assurance that the community-based

organization will comply with any evaluation under subsection

(m) (!4) of this section, any research effort authorized under

Federal law, and any investigation by the Secretary;

(O) contain an assurance that the community-based

organization shall prepare and submit to the Secretary an

annual report regarding any program conducted under this

section;

(P) contain an assurance that the program for which the grant

is sought will, to the maximum extent possible, incorporate

services that are provided solely through non-Federal private

or nonprofit sources; and

(Q) contain an assurance that the community-based

organization will maintain separate accounting records for the

program.

(3) Priority

In awarding grants to carry out programs under this section,

the Secretary shall give priority to community-based

organizations who submit applications that demonstrate the

greatest effort in generating local support for the programs.

(g) Eligibility of participants

(1) In general

To the extent possible, each child who resides in an eligible

community shall be eligible to participate in a program carried

out in such community that receives assistance under this

section.

(2) Eligibility

To be eligible to participate in a program that receives

assistance under this section, a child shall provide the express

written approval of a parent or guardian, and shall submit an

official application and agree to the terms and conditions of

participation in the program.

(3) Nondiscrimination

In selecting children to participate in a program that receives

assistance under this section, a community-based organization

shall not discriminate on the basis of race, color, religion,

sex, national origin, or disability.

(h) Peer review panel

(1) Establishment

The Secretary may establish a peer review panel that shall be

comprised of individuals with demonstrated experience in

designing and implementing community-based programs.

(2) Composition

A peer review panel shall include at least 1 representative

from each of the following:

(A) A community-based organization.

(B) A local government.

(C) A school district.

(D) The private sector.

(E) A charitable organization.

(F) A representative of the United States Olympic Committee,

at the option of the Secretary.

(3) Functions

A peer review panel shall conduct the initial review of all

grant applications received by the Secretary under subsection (f)

of this section, make recommendations to the Secretary regarding

-

(A) grant funding under this section; and

(B) a design for the evaluation of programs assisted under

this section.

(i) Investigations and inspections

The Secretary may conduct such investigations and inspections as

may be necessary to ensure compliance with the provisions of this

section.

(j) Payments; Federal share; non-Federal share

(1) Payments

The Secretary shall, subject to the availability of

appropriations, pay to each community-based organization having

an application approved under subsection (f) of this section the

Federal share of the costs of developing and carrying out

programs described in subsection (c) of this section.

(2) Federal share

The Federal share of such costs shall be no more than -

(A) 75 percent for each of fiscal years 1995 and 1996;

(B) 70 percent for fiscal year 1997; and

(C) 60 percent for fiscal year 1998 and thereafter.

(3) Non-Federal share

(A) In general

The non-Federal share of such costs may be in cash or in

kind, fairly evaluated, including plant, equipment, and

services (including the services described in subsection

(f)(2)(P) of this section), and funds appropriated by the

Congress for the activity of any agency of an Indian tribal

government or the Bureau of Indian Affairs on any Indian lands

may be used to provide the non-Federal share of the costs of

programs or projects funded under this part.

(B) Special rule

At least 15 percent of the non-Federal share of such costs

shall be provided from private or nonprofit sources.

(k) Evaluation

The Secretary shall conduct a thorough evaluation of the programs

assisted under this section, which shall include an assessment of -

(1) the number of children participating in each program

assisted under this section;

(2) the academic achievement of such children;

(3) school attendance and graduation rates of such children;

and

(4) the number of such children being processed by the juvenile

justice system.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30401, Sept. 13, 1994, 108 Stat.

1846; Pub. L. 105-244, title I, Sec. 102(a)(13)(N), Oct. 7, 1998,

112 Stat. 1621.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (b), was in the original

"this title", meaning title III of Pub. L. 103-322, Sept. 13, 1994,

108 Stat. 1836, which enacted this subchapter, sections 3796ff to

3796ff-4 of this title, and sections 6701 to 6720 of Title 31,

Money and Finance, amended sections 3791, 3793, and 3797 of this

title, sections 2502 to 2504, 2506, and 2512 of Title 16,

Conservation, and section 3621 of Title 18, Crimes and Criminal

Procedure, and enacted provisions set out as notes under section

13701 of this title and sections 6701 and 6702 of Title 31. For

complete classification of title III to the Code, see Tables.

The Alaska Native Claims Settlement Act, referred to in subsec.

(b), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of Title

43 and Tables.

Section 1001 of title 20, referred to in subsec. (b), does not

have a subsec. (d) or (i) and does not define "elementary school"

or "secondary school". However, such terms are defined in section

1003 of Title 20, Education.

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-244 substituted "section 1001(i)"

for "section 1141(i)" and "section 1001(d)" for "section 1141(d)"

in definition for "public school".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13793, 14214 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a closing

parenthesis.

(!2) See References in Text note below.

(!3) So in original. No cl. (ii) has been enacted.

(!4) So in original. Probably should be subsection "(k)".

-End-

-CITE-

42 USC Sec. 13792 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part D - Family and Community Endeavor Schools Grant Program

-HEAD-

Sec. 13792. Repealed. Pub. L. 105-277, div. A, Sec. 101(f) [title

VIII, Sec. 301(d)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-410

-MISC1-

Section, Pub. L. 103-322, title III, Sec. 30402, Sept. 13, 1994,

108 Stat. 1852, related to family and community endeavor schools

grant program.

-End-

-CITE-

42 USC Sec. 13793 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part D - Family and Community Endeavor Schools Grant Program

-HEAD-

Sec. 13793. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to carry out this part -

(1) $37,000,000 for fiscal year 1995;

(2) $103,500,000 for fiscal year 1996;

(3) $121,500,000 for fiscal year 1997;

(4) $153,000,000 for fiscal year 1998;

(5) $193,500,000 for fiscal year 1999; and

(6) $201,500,000 for fiscal year 2000.

(b) Programs

Of the amounts appropriated under subsection (a) of this section

for any fiscal year -

(1) 70 percent shall be made available to carry out section

13791 of this title; and

(2) 30 percent shall be made available to carry out section

13792 (!1) of this title.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30403, Sept. 13, 1994, 108 Stat.

1855.)

-REFTEXT-

REFERENCES IN TEXT

Section 13792 of this title, referred to in subsec. (b)(2), was

repealed by Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec.

301(d)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-410.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Part E - Assistance for Delinquent and At-Risk

Youth 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part E - Assistance for Delinquent and At-Risk Youth

-HEAD-

PART E - ASSISTANCE FOR DELINQUENT AND AT-RISK YOUTH

-End-

-CITE-

42 USC Sec. 13801 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part E - Assistance for Delinquent and At-Risk Youth

-HEAD-

Sec. 13801. Grant authority

-STATUTE-

(a) Grants

(1) In general

In order to prevent the commission of crimes or delinquent acts

by juveniles, the Attorney General may make grants to public or

private nonprofit organizations to support the development and

operation of projects to provide residential services to youth,

aged 11 to 19, who -

(A) have dropped out of school;

(B) have come into contact with the juvenile justice system;

or

(C) are at risk of dropping out of school or coming into

contact with the juvenile justice system.

(2) Consultation with the Ounce of Prevention Council

The Attorney General may consult with the Ounce of Prevention

Council in making grants under paragraph (1).

(3) Services

Such services shall include activities designed to -

(A) increase the self-esteem of such youth;

(B) assist such youth in making healthy and responsible

choices;

(C) improve the academic performance of such youth pursuant

to a plan jointly developed by the applicant and the school

which each such youth attends or should attend; and

(D) provide such youth with vocational and life skills.

(b) Applications

(1) In general

A public agency or private nonprofit organization which desires

a grant under this section shall submit an application at such

time and in such manner as the Attorney General may prescribe.

(2) Contents

An application under paragraph (1) shall include -

(A) a description of the program developed by the applicant,

including the activities to be offered;

(B) a detailed discussion of how such program will prevent

youth from committing crimes or delinquent acts;

(C) evidence that such program -

(i) will be carried out in facilities which meet applicable

State and local laws with regard to safety;

(ii) will include academic instruction, approved by the

State, Indian tribal government, or local educational agency,

which meets or exceeds State, Indian tribal government, and

local standards and curricular requirements; and

(iii) will include instructors and other personnel who

possess such qualifications as may be required by applicable

State or local laws; and

(D) specific, measurable outcomes for youth served by the

program.

(c) Consideration of applications

Not later than 60 days following the submission of applications,

the Attorney General shall -

(1) approve each application and disburse the funding for each

such application; or

(2) disapprove the application and inform the applicant of such

disapproval and the reasons therefor.

(d) Reports

A grantee under this section shall annually submit a report to

the Attorney General that describes the activities and

accomplishments of such program, including the degree to which the

specific youth outcomes are met.

(e) Definitions

In this part -

"Indian tribe" means a tribe, band, pueblo, nation, or other

organized group or community of Indians, including Alaska Native

village (as defined in or established under the Alaska Native

Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is

recognized as eligible for the special programs and services

provided by the United States to Indians because of their status

as Indians.

"State" means a State, the District of Columbia, the

Commonwealth of Puerto Rico, the United States Virgin Islands,

American Samoa, Guam, and the Northern Mariana Islands.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30701, Sept. 13, 1994, 108 Stat.

1855.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in subsec.

(e), is Pub. L. 92-203, Sec. 2, Dec. 18, 1971, 85 Stat. 688, as

amended, which is classified generally to chapter 33 (Sec. 1601 et

seq.) of Title 43, Public Lands. For complete classification of

this Act to the Code, see Short Title note set out under section

1601 of Title 43 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13802, 14214 of this

title.

-End-

-CITE-

42 USC Sec. 13802 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part E - Assistance for Delinquent and At-Risk Youth

-HEAD-

Sec. 13802. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated for grants under section

13801 of this title -

(1) $5,400,000 for fiscal year 1996;

(2) $6,300,000 for fiscal year 1997;

(3) $7,200,000 for fiscal year 1998;

(4) $8,100,000 for fiscal year 1999; and

(5) $9,000,000 for fiscal year 2000.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30702, Sept. 13, 1994, 108 Stat.

1856.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Part F - Police Recruitment 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part F - Police Recruitment

-HEAD-

PART F - POLICE RECRUITMENT

-End-

-CITE-

42 USC Sec. 13811 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part F - Police Recruitment

-HEAD-

Sec. 13811. Grant authority

-STATUTE-

(a) Grants

(1) In general

The Attorney General may make grants to qualified community

organizations to assist in meeting the costs of qualified

programs which are designed to recruit and retain applicants to

police departments.

(2) Consultation with the Ounce of Prevention Council

The Attorney General may consult with the Ounce of Prevention

Council in making grants under paragraph (1).

(b) Qualified community organizations

An organization is a qualified community organization which is

eligible to receive a grant under subsection (a) of this section if

the organization -

(1) is a nonprofit organization; and

(2) has training and experience in -

(A) working with a police department and with teachers,

counselors, and similar personnel,

(B) providing services to the community in which the

organization is located,

(C) developing and managing services and techniques to

recruit individuals to become members of a police department

and to assist such individuals in meeting the membership

requirements of police departments,

(D) developing and managing services and techniques to assist

in the retention of applicants to police departments, and

(E) developing other programs that contribute to the

community.

(c) Qualified programs

A program is a qualified program for which a grant may be made

under subsection (a) of this section if the program is designed to

recruit and train individuals from underrepresented neighborhoods

and localities and if -

(1) the overall design of the program is to recruit and retain

applicants to a police department;

(2) the program provides recruiting services which include

tutorial programs to enable individuals to meet police force

academic requirements and to pass entrance examinations;

(3) the program provides counseling to applicants to police

departments who may encounter problems throughout the application

process; and

(4) the program provides retention services to assist in

retaining individuals to stay in the application process of a

police department.

(d) Applications

To qualify for a grant under subsection (a) of this section, a

qualified organization shall submit an application to the Attorney

General in such form as the Attorney General may prescribe. Such

application shall -

(1) include documentation from the applicant showing -

(A) the need for the grant;

(B) the intended use of grant funds;

(C) expected results from the use of grant funds; and

(D) demographic characteristics of the population to be

served, including age, disability, race, ethnicity, and

languages used; and

(2) contain assurances satisfactory to the Attorney General

that the program for which a grant is made will meet the

applicable requirements of the program guidelines prescribed by

the Attorney General under subsection (i) of this section.

(e) Action by Attorney General

Not later than 60 days after the date that an application for a

grant under subsection (a) of this section is received, the

Attorney General shall consult with the police department which

will be involved with the applicant and shall -

(1) approve the application and disburse the grant funds

applied for; or

(2) disapprove the application and inform the applicant that

the application is not approved and provide the applicant with

the reasons for the disapproval.

(f) Grant disbursement

The Attorney General shall disburse funds under a grant under

subsection (a) of this section in accordance with regulations of

the Attorney General which shall ensure -

(1) priority is given to applications for areas and

organizations with the greatest showing of need;

(2) that grant funds are equitably distributed on a geographic

basis; and

(3) the needs of underserved populations are recognized and

addressed.

(g) Grant period

A grant under subsection (a) of this section shall be made for a

period not longer than 3 years.

(h) Grantee reporting

(1) For each year of a grant period for a grant under subsection

(a) of this section, the recipient of the grant shall file a

performance report with the Attorney General explaining the

activities carried out with the funds received and assessing the

effectiveness of such activities in meeting the purpose of the

recipient's qualified program.

(2) If there was more than one recipient of a grant, each

recipient shall file such report.

(3) The Attorney General shall suspend the funding of a grant,

pending compliance, if the recipient of the grant does not file the

report required by this subsection or uses the grant for a purpose

not authorized by this section.

(i) Guidelines

The Attorney General shall, by regulation, prescribe guidelines

on content and results for programs receiving a grant under

subsection (a) of this section. Such guidelines shall be designed

to establish programs which will be effective in training

individuals to enter instructional programs for police departments

and shall include requirements for -

(1) individuals providing recruiting services;

(2) individuals providing tutorials and other academic

assistance programs;

(3) individuals providing retention services; and

(4) the content and duration of recruitment, retention, and

counseling programs and the means and devices used to publicize

such programs.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30801, Sept. 13, 1994, 108 Stat.

1857.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13812, 14214 of this

title.

-End-

-CITE-

42 USC Sec. 13812 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part F - Police Recruitment

-HEAD-

Sec. 13812. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated for grants under section

13811 of this title -

(1) $2,000,000 for fiscal year 1996;

(2) $4,000,000 for fiscal year 1997;

(3) $5,000,000 for fiscal year 1998;

(4) $6,000,000 for fiscal year 1999; and

(5) $7,000,000 for fiscal year 2000.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30802, Sept. 13, 1994, 108 Stat.

1858.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Part G - National Community Economic Partnership 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part G - National Community Economic Partnership

-HEAD-

PART G - NATIONAL COMMUNITY ECONOMIC PARTNERSHIP

-End-

-CITE-

42 USC subpart 1 - community economic partnership

investment funds 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part G - National Community Economic Partnership

subpart 1 - community economic partnership investment funds

-HEAD-

SUBPART 1 - COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 13841, 13852 of this

title.

-End-

-CITE-

42 USC Sec. 13821 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part G - National Community Economic Partnership

subpart 1 - community economic partnership investment funds

-HEAD-

Sec. 13821. Purpose

-STATUTE-

It is the purpose of this subpart to increase private investment

in distressed local communities and to build and expand the

capacity of local institutions to better serve the economic needs

of local residents through the provision of financial and technical

assistance to community development corporations.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31111, Sept. 13, 1994, 108 Stat.

1882.)

-MISC1-

SHORT TITLE

For short title of this part as the "National Community Economic

Partnership Act of 1994", see section 31101 of Pub. L. 103-322, set

out as a note under section 13701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13824, 13825, 14214 of

this title.

-End-

-CITE-

42 USC Sec. 13822 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part G - National Community Economic Partnership

subpart 1 - community economic partnership investment funds

-HEAD-

Sec. 13822. Provision of assistance

-STATUTE-

(a) Authority

The Secretary of Health and Human Services (referred to in this

part as the "Secretary") may, in accordance with this subpart,

provide nonrefundable lines of credit to community development

corporations for the establishment, maintenance or expansion of

revolving loan funds to be utilized to finance projects intended to

provide business and employment opportunities for low-income,

unemployed, or underemployed individuals and to improve the quality

of life in urban and rural areas.

(b) Revolving loan funds

(1) Competitive assessment of applications

In providing assistance under subsection (a) of this section,

the Secretary shall establish and implement a competitive process

for the solicitation and consideration of applications from

eligible entities for lines of credit for the capitalization of

revolving funds.

(2) Eligible entities

To be eligible to receive a line of credit under this subpart

an applicant shall -

(A) be a community development corporation;

(B) prepare and submit an application to the Secretary that

shall include a strategic investment plan that identifies and

describes the economic characteristics of the target area to be

served, the types of business to be assisted and the impact of

such assistance on low-income, underemployed, and unemployed

individuals in the target area;

(C) demonstrate previous experience in the development of

low-income housing or community or business development

projects in a low-income community and provide a record of

achievement with respect to such projects; and

(D) have secured one or more commitments from local sources

for contributions (either in cash or in kind, letters of credit

or letters of commitment) in an amount that is at least equal

to the amount requested in the application submitted under

subparagraph (B).

(3) Exception

Notwithstanding the provisions of paragraph (2)(D), the

Secretary may reduce local contributions to not less than 25

percent of the amount of the line of credit requested by the

community development corporation if the Secretary determines

such to be appropriate in accordance with section 13826 of this

title.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31112, Sept. 13, 1994, 108 Stat.

1882.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13823, 13824, 13825,

14214 of this title.

-End-

-CITE-

42 USC Sec. 13823 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part G - National Community Economic Partnership

subpart 1 - community economic partnership investment funds

-HEAD-

Sec. 13823. Approval of applications

-STATUTE-

(a) In general

In evaluating applications submitted under section 13822(b)(2)(B)

of this title, the Secretary shall ensure that -

(1) the residents of the target area to be served (as

identified under the strategic development plan) would have an

income that is less than the median income for the area (as

determined by the Secretary);

(2) the applicant community development corporation possesses

the technical and managerial capability necessary to administer a

revolving loan fund and has past experience in the development

and management of housing, community and economic development

programs;

(3) the applicant community development corporation has

provided sufficient evidence of the existence of good working

relationships with -

(A) local businesses and financial institutions, as well as

with the community the corporation proposes to serve; and

(B) local and regional job training programs;

(4) the applicant community development corporation will target

job opportunities that arise from revolving loan fund investments

under this subpart so that 75 percent of the jobs retained or

created under such investments are provided to -

(A) individuals with -

(i) incomes that do not exceed the Federal poverty line; or

(ii) incomes that do not exceed 80 percent of the median

income of the area;

(B) individuals who are unemployed or underemployed;

(C) individuals who are participating or have participated in

job training programs authorized under title I of the Workforce

Investment Act of 1998 [29 U.S.C. 2801 et seq.] or the Family

Support Act of 1988 (Public Law 100-485);

(D) individuals whose jobs may be retained as a result of the

provision of financing available under this subpart; or

(E) individuals who have historically been underrepresented

in the local economy; and

(5) a representative cross section of applicants are approved,

including large and small community development corporations,

urban and rural community development corporations and community

development corporations representing diverse populations.

(b) Priority

In determining which application to approve under this subpart

the Secretary shall give priority to those applicants proposing to

serve a target area -

(1) with a median income that does not exceed 80 percent of the

median for the area (as determined by the Secretary); and

(2) with a high rate of unemployment, as determined by the

Secretary or in which the population loss is at least 7 percent

from April 1, 1980, to April 1, 1990, as reported by the Bureau

of the Census.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31113, Sept. 13, 1994, 108 Stat.

1883; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec.

405(d)(44), (f)(35)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-428,

2681-434.)

-REFTEXT-

REFERENCES IN TEXT

The Workforce Investment Act of 1998, referred to in subsec.

(a)(4)(C), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as

amended. Title I of the Act is classified principally to chapter 30

(Sec. 2801 et seq.) of Title 29, Labor. For complete classification

of this Act to the Code, see Short Title note set out under section

9201 of Title 20, Education, and Tables.

The Family Support Act of 1988, referred to in subsec. (a)(4)(C),

is Pub. L. 100-485, Oct. 13, 1988, 102 Stat. 2343, as amended. For

complete classification of this Act to the Code, see Short Title of

1988 Amendments note set out under section 1305 of this title and

Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(4)(C). Pub. L. 105-277, Sec. 101(f) [title

VIII, Sec. 405(f)(35)], struck out "the Job Training Partnership

Act or" after "authorized under".

Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(44)],

substituted "authorized under the Job Training Partnership Act or

title I of the Workforce Investment Act of 1998" for "authorized

under the Job Training Partnership Act (29 U.S.C. 1501 et seq.)".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 101(f) [title VIII, Sec. 405(d)(44)] of Pub.

L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f)

[title VIII, Sec. 405(f)(35)] of Pub. L. 105-277 effective July 1,

2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of

Pub. L. 105-277, set out as a note under section 3502 of Title 5,

Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13824, 14214 of this

title.

-End-

-CITE-

42 USC Sec. 13824 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part G - National Community Economic Partnership

subpart 1 - community economic partnership investment funds

-HEAD-

Sec. 13824. Availability of lines of credit and use

-STATUTE-

(a) Approval of application

The Secretary shall provide a community development corporation

that has an application approved under section 13823 of this title

with a line of credit in an amount determined appropriate by the

Secretary, subject to the limitations contained in subsection (b)

of this section.

(b) Limitations on availability of amounts

(1) Maximum amount

The Secretary shall not provide in excess of $2,000,000 in

lines of credit under this subpart to a single applicant.

(2) Period of availability

A line of credit provided under this subpart shall remain

available over a period of time established by the Secretary, but

in no event shall any such period of time be in excess of 3 years

from the date on which such line of credit is made available.

(3) Exception

Notwithstanding paragraphs (1) and (2), if a recipient of a

line of credit under this subpart has made full and productive

use of such line of credit, can demonstrate the need and demand

for additional assistance, and can meet the requirements of

section 13822(b)(2) of this title, the amount of such line of

credit may be increased by not more than $1,500,000.

(c) Amounts drawn from line of credit

Amounts drawn from each line of credit under this subpart shall

be used solely for the purposes described in section 13821 of this

title and shall only be drawn down as needed to provide loans,

investments, or to defray administrative costs related to the

establishment of a revolving loan fund.

(d) Use of revolving loan funds

Revolving loan funds established with lines of credit provided

under this subpart may be used to provide technical assistance to

private business enterprises and to provide financial assistance in

the form of loans, loan guarantees, interest reduction assistance,

equity shares, and other such forms of assistance to business

enterprises in target areas and who are in compliance with section

13823(a)(4) of this title.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31114, Sept. 13, 1994, 108 Stat.

1884.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13825 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part G - National Community Economic Partnership

subpart 1 - community economic partnership investment funds

-HEAD-

Sec. 13825. Limitations on use of funds

-STATUTE-

(a) Matching requirement

Not to exceed 50 percent of the total amount to be invested by an

entity under this subpart may be derived from funds made available

from a line of credit under this subpart.

(b) Technical assistance and administration

Not to exceed 10 percent of the amounts available from a line of

credit under this subpart shall be used for the provision of

training or technical assistance and for the planning, development,

and management of economic development projects. Community

development corporations shall be encouraged by the Secretary to

seek technical assistance from other community development

corporations, with expertise in the planning, development and

management of economic development projects. The Secretary shall

assist in the identification and facilitation of such technical

assistance.

(c) Local and private sector contributions

To receive funds available under a line of credit provided under

this subpart, an entity, using procedures established by the

Secretary, shall demonstrate to the community development

corporation that such entity agrees to provide local and private

sector contributions in accordance with section 13822(b)(2)(D) of

this title, will participate with such community development

corporation in a loan, guarantee or investment program for a

designated business enterprise, and that the total financial

commitment to be provided by such entity is at least equal to the

amount to be drawn from the line of credit.

(d) Use of proceeds from investments

Proceeds derived from investments made using funds made available

under this subpart may be used only for the purposes described in

section 13821 of this title and shall be reinvested in the

community in which they were generated.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31115, Sept. 13, 1994, 108 Stat.

1884.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13826 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part G - National Community Economic Partnership

subpart 1 - community economic partnership investment funds

-HEAD-

Sec. 13826. Program priority for special emphasis programs

-STATUTE-

(a) In general

The Secretary shall give priority in providing lines of credit

under this subpart to community development corporations that

propose to undertake economic development activities in distressed

communities that target women, Native Americans, at risk youth,

farmworkers, population-losing communities, very low-income

communities, single mothers, veterans, and refugees; or that expand

employee ownership of private enterprises and small businesses, and

to programs providing loans of not more than $35,000 to very small

business enterprises.

(b) Reservation of funds

Not less than 5 percent of the amounts made available under

section 13822(a)(2)(A) (!1) of this title may be reserved to carry

out the activities described in subsection (a) of this section.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31116, Sept. 13, 1994, 108 Stat.

1885.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13822, 14214 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be section "13852(b)(1)".

-End-

-CITE-

42 USC subpart 2 - emerging community development

corporations 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part G - National Community Economic Partnership

subpart 2 - emerging community development corporations

-HEAD-

SUBPART 2 - EMERGING COMMUNITY DEVELOPMENT CORPORATIONS

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 13852 of this title.

-End-

-CITE-

42 USC Sec. 13841 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part G - National Community Economic Partnership

subpart 2 - emerging community development corporations

-HEAD-

Sec. 13841. Community development corporation improvement grants

-STATUTE-

(a) Purpose

It is the purpose of this section to provide assistance to

community development corporations to upgrade the management and

operating capacity of such corporations and to enhance the

resources available to enable such corporations to increase their

community economic development activities.

(b) Skill enhancement grants

(1) In general

The Secretary shall award grants to community development

corporations to enable such corporations to attain or enhance the

business management and development skills of the individuals

that manage such corporations to enable such corporations to seek

the public and private resources necessary to develop community

economic development projects.

(2) Use of funds

A recipient of a grant under paragraph (1) may use amounts

received under such grant -

(A) to acquire training and technical assistance from

agencies or institutions that have extensive experience in the

development and management of low-income community economic

development projects; or

(B) to acquire such assistance from other highly successful

community development corporations.

(c) Operating grants

(1) In general

The Secretary shall award grants to community development

corporations to enable such corporations to support an

administrative capacity for the planning, development, and

management of low-income community economic development projects.

(2) Use of funds

A recipient of a grant under paragraph (1) may use amounts

received under such grant -

(A) to conduct evaluations of the feasibility of potential

low-income community economic development projects that address

identified needs in the low-income community and that conform

to those projects and activities permitted under subpart 1;

(!1)

(B) to develop a business plan related to such a potential

project; or

(C) to mobilize resources to be contributed to a planned

low-income community economic development project or strategy.

(d) Applications

A community development corporation that desires to receive a

grant under this section shall prepare and submit to the Secretary

an application at such time, in such manner, and containing such

information as the Secretary may require.

(e) Amount available for community development corporation

Amounts provided under this section to a community development

corporation shall not exceed $75,000 per year. Such corporations

may apply for grants under this section for up to 3 consecutive

years, except that such corporations shall be required to submit a

new application for each grant for which such corporation desires

to receive and compete on the basis of such applications in the

selection process.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31121, Sept. 13, 1994, 108 Stat.

1885.)

-REFTEXT-

REFERENCES IN TEXT

Subpart 1, referred to in subsec. (c)(2)(A), was in the original

"subtitle A", and was translated as reading "chapter 1", meaning

chapter 1 of subtitle K of title III of Pub. L. 103-322, to reflect

the probable intent of Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 13842 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part G - National Community Economic Partnership

subpart 2 - emerging community development corporations

-HEAD-

Sec. 13842. Emerging community development corporation revolving

loan funds

-STATUTE-

(a) Authority

The Secretary may award grants to emerging community development

corporations to enable such corporations to establish, maintain or

expand revolving loan funds, to make or guarantee loans, or to make

capital investments in new or expanding local businesses.

(b) Eligibility

To be eligible to receive a grant under subsection (a) of this

section, an entity shall -

(1) be a community development corporation;

(2) have completed not less than one nor more than two

community economic development projects or related projects that

improve or provide job and employment opportunities to low-income

individuals;

(3) prepare and submit to the Secretary an application at such

time, in such manner, and containing such information as the

Secretary may require, including a strategic investment plan that

identifies and describes the economic characteristics of the

target area to be served, the types of business to be assisted

using amounts received under the grant and the impact of such

assistance on low-income individuals; and

(4) have secured one or more commitments from local sources for

contributions (either in cash or in kind, letters of credit, or

letters of commitment) in an amount that is equal to at least 10

percent of the amounts requested in the application submitted

under paragraph (2).(!1)

(c) Use of revolving loan fund

(1) In general

A revolving loan fund established or maintained with amounts

received under this section may be utilized to provide financial

and technical assistance, loans, loan guarantees or investments

to private business enterprises to -

(A) finance projects intended to provide business and

employment opportunities for low-income individuals and to

improve the quality of life in urban and rural areas; and

(B) build and expand the capacity of emerging community

development corporations and serve the economic needs of local

residents.

(2) Technical assistance

The Secretary shall encourage emerging community development

corporations that receive grants under this section to seek

technical assistance from established community development

corporations, with expertise in the planning, development and

management of economic development projects and shall facilitate

the receipt of such assistance.

(3) Limitation

Not to exceed 10 percent of the amounts received under this

section by a grantee shall be used for training, technical

assistance and administrative purposes.

(d) Use of proceeds from investments

Proceeds derived from investments made with amounts provided

under this section may be utilized only for the purposes described

in this part and shall be reinvested in the community in which they

were generated.

(e) Amounts available

Amounts provided under this section to a community development

corporation shall not exceed $500,000 per year.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31122, Sept. 13, 1994, 108 Stat.

1886.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be paragraph "(3)".

-End-

-CITE-

42 USC subpart 3 - miscellaneous provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part G - National Community Economic Partnership

subpart 3 - miscellaneous provisions

-HEAD-

SUBPART 3 - MISCELLANEOUS PROVISIONS

-End-

-CITE-

42 USC Sec. 13851 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part G - National Community Economic Partnership

subpart 3 - miscellaneous provisions

-HEAD-

Sec. 13851. Definitions

-STATUTE-

As used in this part:

(1) Community development corporation

The term "community development corporation" means a private,

nonprofit corporation whose board of directors is comprised of

business, civic and community leaders, and whose principal

purpose includes the provision of low-income housing or community

economic development projects that primarily benefit low-income

individuals and communities.

(2) Local and private sector contribution

The term "local and private sector contribution" means the

funds available at the local level (by private financial

institutions, State and local governments) or by any private

philanthropic organization and private, nonprofit organizations

that will be committed and used solely for the purpose of

financing private business enterprises in conjunction with

amounts provided under this part.

(3) Population-losing community

The term "population-losing community" means any county in

which the net population loss is at least 7 percent from April 1,

1980 to April 1, 1990, as reported by the Bureau of the Census.

(4) Private business enterprise

The term "private business enterprise" means any business

enterprise that is engaged in the manufacture of a product,

provision of a service, construction or development of a

facility, or that is involved in some other commercial,

manufacturing or industrial activity, and that agrees to target

job opportunities stemming from investments authorized under this

part to certain individuals.

(5) Target area

The term "target area" means any area defined in an application

for assistance under this part that has a population whose income

does not exceed the median for the area within which the target

area is located.

(6) Very low-income community

The term "very low-income community" means a community in which

the median income of the residents of such community does not

exceed 50 percent of the median income of the area.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31131, Sept. 13, 1994, 108 Stat.

1887.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13852 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part G - National Community Economic Partnership

subpart 3 - miscellaneous provisions

-HEAD-

Sec. 13852. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to carry out subparts 1

and 2 -

(1) $45,000,000 for fiscal year 1996;

(2) $72,000,000 for fiscal year 1997;

(3) $76,500,000 for fiscal year 1998; and

(4) $76,500,000 for fiscal year 1999.

(b) Earmarks

Of the aggregate amount appropriated under subsection (a) of this

section for each fiscal year -

(1) 60 percent shall be available to carry out subpart 1; and

(2) 40 percent shall be available to carry out subpart 2.

(c) Amounts

Amounts appropriated under subsection (a) of this section shall

remain available for expenditure without fiscal year limitation.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31132, Sept. 13, 1994, 108 Stat.

1888.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13826, 14214 of this

title.

-End-

-CITE-

42 USC Sec. 13853 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part G - National Community Economic Partnership

subpart 3 - miscellaneous provisions

-HEAD-

Sec. 13853. Prohibition

-STATUTE-

None of the funds authorized under this part shall be used to

finance the construction of housing.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31133, Sept. 13, 1994, 108 Stat.

1888.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Part H - Community-Based Justice Grants for

Prosecutors 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part H - Community-Based Justice Grants for Prosecutors

-HEAD-

PART H - COMMUNITY-BASED JUSTICE GRANTS FOR PROSECUTORS

-End-

-CITE-

42 USC Sec. 13861 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part H - Community-Based Justice Grants for Prosecutors

-HEAD-

Sec. 13861. Grant authorization

-STATUTE-

(a) In general

The Attorney General may make grants to State, Indian tribal, or

local prosecutors for the purpose of supporting the creation or

expansion of community-based justice programs.

(b) Consultation

The Attorney General may consult with the Ounce of Prevention

Council in making grants under subsection (a) of this section.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31701, Sept. 13, 1994, 108 Stat.

1890.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13862 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part H - Community-Based Justice Grants for Prosecutors

-HEAD-

Sec. 13862. Use of funds

-STATUTE-

Grants made by the Attorney General under this section shall be

used -

(1) to fund programs that require the cooperation and

coordination of prosecutors, school officials, police, probation

officers, youth and social service professionals, and community

members in the effort to reduce the incidence of, and increase

the successful identification and speed of prosecution of, young

violent offenders;

(2) to fund programs in which prosecutors focus on the

offender, not simply the specific offense, and impose

individualized sanctions, designed to deter that offender from

further antisocial conduct, and impose increasingly serious

sanctions on a young offender who continues to commit offenses;

(3) to fund programs that coordinate criminal justice resources

with educational, social service, and community resources to

develop and deliver violence prevention programs, including

mediation and other conflict resolution methods, treatment,

counseling, educational, and recreational programs that create

alternatives to criminal activity; and

(4) in rural States (as defined in section 3796bb(b) of this

title), to fund cooperative efforts between State and local

prosecutors, victim advocacy and assistance groups, social and

community service providers, and law enforcement agencies to

investigate and prosecute child abuse cases, treat youthful

victims of child abuse, and work in cooperation with the

community to develop education and prevention strategies directed

toward the issues with which such entities are concerned.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31702, Sept. 13, 1994, 108 Stat.

1890.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13863, 14214 of this

title.

-End-

-CITE-

42 USC Sec. 13863 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part H - Community-Based Justice Grants for Prosecutors

-HEAD-

Sec. 13863. Applications

-STATUTE-

(a) Eligibility

In order to be eligible to receive a grant under this part (!1)

for any fiscal year, a State, Indian tribal, or local prosecutor,

in conjunction with the chief executive officer of the jurisdiction

in which the program will be placed, shall submit an application to

the Attorney General in such form and containing such information

as the Attorney General may reasonably require.

(b) Requirements

Each applicant shall include -

(1) a request for funds for the purposes described in section

13862 of this title;

(2) a description of the communities to be served by the grant,

including the nature of the youth crime, youth violence, and

child abuse problems within such communities;

(3) assurances that Federal funds received under this part (!1)

shall be used to supplement, not supplant, non-Federal funds that

would otherwise be available for activities funded under this

section; and

(4) statistical information in such form and containing such

information that the Attorney General may require.

(c) Comprehensive plan

Each applicant shall include a comprehensive plan that shall

contain -

(1) a description of the youth violence or child abuse crime

problem;

(2) an action plan outlining how the applicant will achieve the

purposes as described in section 13862 of this title;

(3) a description of the resources available in the community

to implement the plan together with a description of the gaps in

the plan that cannot be filled with existing resources; and

(4) a description of how the requested grant will be used to

fill gaps.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31703, Sept. 13, 1994, 108 Stat.

1891.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in subsecs. (a) and (b)(3), appearing in

the original is unidentifiable because subtitle Q of title III of

Pub. L. 103-322 does not contain parts.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13864, 13865, 13866,

14214 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 13864 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part H - Community-Based Justice Grants for Prosecutors

-HEAD-

Sec. 13864. Allocation of funds; limitations on grants

-STATUTE-

(a) Administrative cost limitation

The Attorney General shall use not more than 5 percent of the

funds available under this program for the purposes of

administration and technical assistance.

(b) Renewal of grants

A grant under this part (!1) may be renewed for up to 2

additional years after the first fiscal year during which the

recipient receives its initial grant under this part,(!1) subject

to the availability of funds, if -

(1) the Attorney General determines that the funds made

available to the recipient during the previous years were used in

a manner required under the approved application; and

(2) the Attorney General determines that an additional grant is

necessary to implement the community prosecution program

described in the comprehensive plan required by section 13863 of

this title.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31704, Sept. 13, 1994, 108 Stat.

1891.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in subsec. (b), appearing in the original

is unidentifiable because subtitle Q of title III of Pub. L.

103-322 does not contain parts.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 13865 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part H - Community-Based Justice Grants for Prosecutors

-HEAD-

Sec. 13865. Award of grants

-STATUTE-

The Attorney General shall consider the following facts in

awarding grants:

(1) Demonstrated need and evidence of the ability to provide

the services described in the plan required under section 13863

of this title.

(2) The Attorney General shall attempt, to the extent

practicable, to achieve an equitable geographic distribution of

grant awards.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31705, Sept. 13, 1994, 108 Stat.

1891.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13866 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part H - Community-Based Justice Grants for Prosecutors

-HEAD-

Sec. 13866. Reports

-STATUTE-

(a) Report to Attorney General

State and local prosecutors that receive funds under this part

shall submit to the Attorney General a report not later than March

1 of each year that describes progress achieved in carrying out the

plan described under section 13863(c) of this title.

(b) Report to Congress

The Attorney General shall submit to the Congress a report by

October 1 of each year in which grants are made available under

this part which shall contain a detailed statement regarding grant

awards, activities of grant recipients, a compilation of

statistical information submitted by applicants, and an evaluation

of programs established under this part.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31706, Sept. 13, 1994, 108 Stat.

1892.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13867 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part H - Community-Based Justice Grants for Prosecutors

-HEAD-

Sec. 13867. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this part -

(1) $7,000,000 for fiscal year 1996;

(2) $10,000,000 for fiscal year 1997;

(3) $10,000,000 for fiscal year 1998;

(4) $11,000,000 for fiscal year 1999; and

(5) $12,000,000 for fiscal year 2000.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31707, Sept. 13, 1994, 108 Stat.

1892.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13868 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part H - Community-Based Justice Grants for Prosecutors

-HEAD-

Sec. 13868. Definitions

-STATUTE-

In this part -

"Indian tribe" means a tribe, band, pueblo, nation, or other

organized group or community of Indians, including an Alaska

Native village (as defined in or established under the Alaska

Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is

recognized as eligible for the special programs and services

provided by the United States to Indians because of their status

as Indians.

"State" means a State, the District of Columbia, the

Commonwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands, American Samoa, Guam, and the United States

Virgin Islands.

"young violent offenders" means individuals, ages 7 through 22,

who have committed crimes of violence, weapons offenses, drug

distribution, hate crimes and civil rights violations, and

offenses against personal property of another.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31708, Sept. 13, 1994, 108 Stat.

1892.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in text, is

Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is

classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43,

Public Lands. For complete classification of this Act to the Code,

see Short Title note set out under section 1601 of Title 43 and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Part I - Family Unity Demonstration Project 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part I - Family Unity Demonstration Project

-HEAD-

PART I - FAMILY UNITY DEMONSTRATION PROJECT

-End-

-CITE-

42 USC Sec. 13881 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part I - Family Unity Demonstration Project

-HEAD-

Sec. 13881. Purpose

-STATUTE-

The purpose of this part is to evaluate the effectiveness of

certain demonstration projects in helping to -

(1) alleviate the harm to children and primary caretaker

parents caused by separation due to the incarceration of the

parents;

(2) reduce recidivism rates of prisoners by encouraging strong

and supportive family relationships; and

(3) explore the cost effectiveness of community correctional

facilities.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31902, Sept. 13, 1994, 108 Stat.

1892.)

-MISC1-

SHORT TITLE

For short title of this part as the "Family Unity Demonstration

Project Act", see section 31901 of Pub. L. 103-322, set out as a

note under section 13701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13893, 14214 of this

title.

-End-

-CITE-

42 USC Sec. 13882 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part I - Family Unity Demonstration Project

-HEAD-

Sec. 13882. Definitions

-STATUTE-

In this part -

"child" means a person who is less than 7 years of age.

"community correctional facility" means a residential facility

that -

(A) is used only for eligible offenders and their children

under 7 years of age;

(B) is not within the confines of a jail or prison;

(C) houses no more than 50 prisoners in addition to their

children; and

(D) provides to inmates and their children -

(i) a safe, stable, environment for children;

(ii) pediatric and adult medical care consistent with

medical standards for correctional facilities;

(iii) programs to improve the stability of the parent-child

relationship, including educating parents regarding -

(I) child development; and

(II) household management;

(iv) alcoholism and drug addiction treatment for prisoners;

and

(v) programs and support services to help inmates -

(I) to improve and maintain mental and physical health,

including access to counseling;

(II) to obtain adequate housing upon release from State

incarceration;

(III) to obtain suitable education, employment, or

training for employment; and

(IV) to obtain suitable child care.

"eligible offender" means a primary caretaker parent who -

(A) has been sentenced to a term of imprisonment of not more

than 7 years or is awaiting sentencing for a conviction

punishable by such a term of imprisonment; and

(B) has not engaged in conduct that -

(i) knowingly resulted in death or serious bodily injury;

(ii) is a felony for a crime of violence against a person;

or

(iii) constitutes child neglect or mental, physical, or

sexual abuse of a child.

"primary caretaker parent" means -

(A) a parent who has consistently assumed responsibility for

the housing, health, and safety of a child prior to

incarceration; or

(B) a woman who has given birth to a child after or while

awaiting her sentencing hearing and who expresses a willingness

to assume responsibility for the housing, health, and safety of

that child,

a parent who, in the best interest of a child, has arranged for

the temporary care of the child in the home of a relative or

other responsible adult shall not for that reason be excluded

from the category "primary caretaker".

"State" means a State, the District of Columbia, the

Commonwealth of Puerto Rico, the United States Virgin Islands,

American Samoa, Guam, and the Northern Mariana Islands.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31903, Sept. 13, 1994, 108 Stat.

1893.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13883 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part I - Family Unity Demonstration Project

-HEAD-

Sec. 13883. Authorization of appropriations

-STATUTE-

(a) Authorization

There are authorized to be appropriated to carry out this part -

(1) $3,600,000 for fiscal year 1996;

(2) $3,600,000 for fiscal year 1997;

(3) $3,600,000 for fiscal year 1998;

(4) $3,600,000 for fiscal year 1999; and

(5) $5,400,000 for fiscal year 2000.

(b) Availability of appropriations

Of the amount appropriated under subsection (a) of this section

for any fiscal year -

(1) 90 percent shall be available to carry out subpart 1; and

(2) 10 percent shall be available to carry out subpart 2.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31904, Sept. 13, 1994, 108 Stat.

1894.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13901, 14214 of this

title.

-End-

-CITE-

42 USC subpart 1 - grants to states 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part I - Family Unity Demonstration Project

subpart 1 - grants to states

-HEAD-

SUBPART 1 - GRANTS TO STATES

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 13883, 13901 of this

title.

-End-

-CITE-

42 USC Sec. 13891 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part I - Family Unity Demonstration Project

subpart 1 - grants to states

-HEAD-

Sec. 13891. Authority to make grants

-STATUTE-

(a) General authority

The Attorney General may make grants, on a competitive basis, to

States to carry out in accordance with this part family unity

demonstration projects that enable eligible offenders to live in

community correctional facilities with their children.

(b) Preferences

For the purpose of making grants under subsection (a) of this

section, the Attorney General shall give preference to a State that

includes in the application required by section 13892 of this title

assurances that if the State receives a grant -

(1) both the State corrections agency and the State health and

human services agency will participate substantially in, and

cooperate closely in all aspects of, the development and

operation of the family unity demonstration project for which

such a grant is requested;

(2) boards made up of community members, including residents,

local businesses, corrections officials, former prisoners, child

development professionals, educators, and maternal and child

health professionals will be established to advise the State

regarding the operation of such project;

(3) the State has in effect a policy that provides for the

placement of all prisoners, whenever possible, in correctional

facilities for which they qualify that are located closest to

their respective family homes;

(4) unless the Attorney General determines that a longer

timeline is appropriate in a particular case, the State will

implement the project not later than 180 days after receiving a

grant under subsection (a) of this section and will expend all of

the grant during a 1-year period;

(5) the State has the capacity to continue implementing a

community correctional facility beyond the funding period to

ensure the continuity of the work;

(6) unless the Attorney General determines that a different

process for selecting participants in a project is desirable, the

State will -

(A) give written notice to a prisoner, not later than 30 days

after the State first receives a grant under subsection (a) of

this section or 30 days after the prisoner is sentenced to a

term of imprisonment of not more than 7 years (whichever is

later), of the proposed or current operation of the project;

(B) accept at any time at which the project is in operation

an application by a prisoner to participate in the project if,

at the time of application, the remainder of the prisoner's

sentence exceeds 180 days;

(C) review applications by prisoners in the sequence in which

the State receives such applications; and

(D) not more than 50 days after reviewing such applications

approve or disapprove the application; and

(7) for the purposes of selecting eligible offenders to

participate in such project, the State has authorized State

courts to sentence an eligible offender directly to a community

correctional facility, provided that the court gives assurances

that the offender would have otherwise served a term of

imprisonment.

(c) Selection of grantees

The Attorney General shall make grants under subsection (a) of

this section on a competitive basis, based on such criteria as the

Attorney General shall issue by rule and taking into account the

preferences described in subsection (b) of this section.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31911, Sept. 13, 1994, 108 Stat.

1894.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13892, 14214 of this

title.

-End-

-CITE-

42 USC Sec. 13892 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part I - Family Unity Demonstration Project

subpart 1 - grants to states

-HEAD-

Sec. 13892. Eligibility to receive grants

-STATUTE-

To be eligible to receive a grant under section 13891 of this

title, a State shall submit to the Attorney General an application

at such time, in such form, and containing such information as the

Attorney General reasonably may require by rule.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31912, Sept. 13, 1994, 108 Stat.

1895.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13891, 14214 of this

title.

-End-

-CITE-

42 USC Sec. 13893 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part I - Family Unity Demonstration Project

subpart 1 - grants to states

-HEAD-

Sec. 13893. Report

-STATUTE-

(a) In general

A State that receives a grant under this subpart (!1) shall, not

later than 90 days after the 1-year period in which the grant is

required to be expended, submit a report to the Attorney General

regarding the family unity demonstration project for which the

grant was expended.

(b) Contents

A report under subsection (a) of this section shall -

(1) state the number of prisoners who submitted applications to

participate in the project and the number of prisoners who were

placed in community correctional facilities;

(2) state, with respect to prisoners placed in the project, the

number of prisoners who are returned to that jurisdiction and

custody and the reasons for such return;

(3) describe the nature and scope of educational and training

activities provided to prisoners participating in the project;

(4) state the number, and describe the scope of, contracts made

with public and nonprofit private community-based organizations

to carry out such project; and

(5) evaluate the effectiveness of the project in accomplishing

the purposes described in section 13881 of this title.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31913, Sept. 13, 1994, 108 Stat.

1895.)

-REFTEXT-

REFERENCES IN TEXT

This subpart, referred to in subsec. (a), was in the original

"this title" and was translated as reading "this chapter", meaning

chapter 1 of subtitle S of title III of Pub. L. 103-322, to reflect

the probable intent of Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC subpart 2 - family unity demonstration project for

federal prisoners 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part I - Family Unity Demonstration Project

subpart 2 - family unity demonstration project for federal prisoners

-HEAD-

SUBPART 2 - FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL

PRISONERS

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 13883 of this title.

-End-

-CITE-

42 USC Sec. 13901 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part I - Family Unity Demonstration Project

subpart 2 - family unity demonstration project for federal prisoners

-HEAD-

Sec. 13901. Authority of Attorney General

-STATUTE-

(a) In general

With the funds available to carry out this part for the benefit

of Federal prisoners, the Attorney General, acting through the

Director of the Bureau of Prisons, shall select eligible prisoners

to live in community correctional facilities with their children.

(b) General contracting authority

In implementing this part,(!1) the Attorney General may enter

into contracts with appropriate public or private agencies to

provide housing, sustenance, services, and supervision of inmates

eligible for placement in community correctional facilities under

this part.(!1)

(c) Use of State facilities

At the discretion of the Attorney General, Federal participants

may be placed in State projects as defined in subpart 1. For such

participants, the Attorney General shall, with funds available

under section 13883(b)(2) of this title, reimburse the State for

all project costs related to the Federal participant's placement,

including administrative costs.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31921, Sept. 13, 1994, 108 Stat.

1896.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in subsec. (b), was in the original "this

title" and was translated as reading "this subtitle", meaning

subtitle S of title III of Pub. L. 103-322, to reflect the probable

intent of Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13902, 14214 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-