US (United States) Code. Title 42. Chapter 46: Justice system improvement

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

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-CITE-

42 USC Secs. 3793a, 3793b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER X - FUNDING

-HEAD-

Secs. 3793a, 3793b. Repealed. Pub. L. 98-473, title II, Sec.

609D(b), Oct. 12, 1984, 98 Stat. 2097

-MISC1-

Section 3793a, Pub. L. 90-351, title I, Sec. 1002, as added Pub.

L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1218, required

maintenance of a fund for juvenile delinquency programs consisting

of minimum of 19.15 per centum of the appropriations each fiscal

year for this chapter.

A prior section 1002 of Pub. L. 90-351, title V, June 19, 1968,

82 Stat. 235, was classified as a note under section 7313 of Title

5, Government Organization and Employees.

Section 3793b, Pub. L. 90-351, title I, Sec. 1003, as added Pub.

L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1219, authorized annual

appropriations of $25,000,000 for fiscal years ending Sept. 30,

1980, through 1983, for Office of Community Anti-Crime Programs.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 12, 1984, see section 609AA(a) of Pub. L.

98-473, set out as an Effective Date note under section 3711 of

this title.

-End-

-CITE-

42 USC SUBCHAPTER XI - CRIMINAL PENALTIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XI - CRIMINAL PENALTIES

-HEAD-

SUBCHAPTER XI - CRIMINAL PENALTIES

-End-

-CITE-

42 USC Sec. 3795 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XI - CRIMINAL PENALTIES

-HEAD-

Sec. 3795. Misuse of Federal assistance

-STATUTE-

Whoever embezzles, willfully misapplies, steals, or obtains by

fraud or endeavors to embezzle, willfully misapply, steal, or

obtain by fraud any funds, assets, or property which are the

subject of a grant or contract or other form of assistance pursuant

to this chapter, whether received directly or indirectly from the

Office of Justice Programs, Bureau of Justice Assistance, the

National Institute of Justice, the Bureau of Justice Statistics, or

whoever receives, conceals, or retains such funds, assets or

property with intent to convert such funds, assets or property to

his use or gain, knowing such funds, assets, or property has been

embezzled, willfully misapplied, stolen or obtained by fraud, shall

be fined not more than $10,000 or imprisoned for not more than five

years, or both.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1101, as added Pub. L. 96-157, Sec.

2, Dec. 27, 1979, 93 Stat. 1219; amended Pub. L. 98-473, title II,

Sec. 609E(a), Oct. 12, 1984, 98 Stat. 2097.)

-MISC1-

PRIOR PROVISIONS

A prior section 3795, Pub. L. 90-351, title I, Sec. 670, as added

Pub. L. 91-644, title I, Sec. 12, Jan. 2, 1971, 84 Stat. 1889;

amended Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 218, related

to reports to Congress and President, prior to the general

amendment of this chapter by Pub. L. 96-157. See section 3789e of

this title.

A prior section 1101 of Pub. L. 90-351, title VI, June 19, 1968,

82 Stat. 236, was classified as a note under section 532 of Title

28, Judiciary and Judicial Procedure.

AMENDMENTS

1984 - Pub. L. 98-473 substituted "Office of Justice Programs,

Bureau of Justice Assistance" for "Law Enforcement Assistance

Administration".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section

609AA(a) of Pub. L. 98-473, set out as an Effective Date note under

section 3711 of this title.

-End-

-CITE-

42 USC Sec. 3795a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XI - CRIMINAL PENALTIES

-HEAD-

Sec. 3795a. Falsification or concealment of facts

-STATUTE-

Whoever knowingly and willfully falsifies, conceals, or covers up

by trick, scheme, or device, any material fact in any application

for assistance submitted pursuant to this chapter or in any records

required to be maintained pursuant to this chapter shall be subject

to prosecution under the provisions of section 1001 of title 18.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1102, as added Pub. L. 96-157, Sec.

2, Dec. 27, 1979, 93 Stat. 1219.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in former

section 3792 of this title prior to the general amendment of this

chapter by Pub. L. 96-157.

-End-

-CITE-

42 USC Sec. 3795b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XI - CRIMINAL PENALTIES

-HEAD-

Sec. 3795b. Conspiracy to commit offense against United States

-STATUTE-

Any law enforcement or criminal justice program or project

underwritten, in whole or in part, by any grant, or contract or

other form of assistance pursuant to this chapter, whether received

directly or indirectly from the Office of Justice Programs, Bureau

of Justice Assistance, the National Institute of Justice, or the

Bureau of Justice Statistics shall be subject to the provisions of

section 371 of title 18.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1103, as added Pub. L. 96-157, Sec.

2, Dec. 27, 1979, 93 Stat. 1219; amended Pub. L. 98-473, title II,

Sec. 609E(b), Oct. 12, 1984, 98 Stat. 2098.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in former

section 3793 of this title prior to the general amendment of this

chapter by Pub. L. 96-157.

AMENDMENTS

1984 - Pub. L. 98-473 substituted "Office of Justice Programs,

Bureau of Justice Assistance" for "Law Enforcement Assistance

Administration".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section

609AA(a) of Pub. L. 98-473, set out as an Effective Date note under

section 3711 of this title.

-End-

-CITE-

42 USC SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH

BENEFITS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS

-HEAD-

SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3793 of this title.

-End-

-CITE-

42 USC Part A - Death Benefits 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS

Part A - Death Benefits

-HEAD-

PART A - DEATH BENEFITS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 3796c-1, 3796d-1 of this

title.

-End-

-CITE-

42 USC Sec. 3796 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS

Part A - Death Benefits

-HEAD-

Sec. 3796. Payment of death benefits

-STATUTE-

(a) Amount; recipients

In any case in which the Bureau of Justice Assistance

(hereinafter in this subchapter referred to as the "Bureau")

determines, under regulations issued pursuant to this subchapter,

that a public safety officer has died as the direct and proximate

result of a personal injury sustained in the line of duty, the

Bureau shall pay a benefit of $250,000, adjusted in accordance with

subsection (h) of this section, as follows:

(1) if there is no surviving child of such officer, to the

surviving spouse of such officer;

(2) if there is a surviving child or children and a surviving

spouse, one-half to the surviving child or children of such

officer in equal shares and one-half to the surviving spouse;

(3) if there is no surviving spouse, to the child or children

of such officer in equal shares;

(4) if there is no surviving spouse or surviving child, to the

individual designated by such officer as beneficiary under such

officer's most recently executed life insurance policy, provided

that such individual survived such officer; or

(5) if none of the above, to the parent or parents of such

officer in equal shares.

(b) Benefits for permanent and total disability

In accordance with regulations issued pursuant to this

subchapter, in any case in which the Bureau determines that a

public safety officer has become permanently and totally disabled

as the direct result of a catastrophic injury sustained in the line

of duty, the Bureau shall pay, to the extent that appropriations

are provided, the same benefit in any year that is payable under

subsection (a) of this section in such year, adjusted in accordance

with subsection (h) of this section, to such officer: Provided,

That the total annual benefits paid under this subsection may not

exceed $5,000,000. For the purposes of making these benefit

payments, there are authorized to be appropriated for each fiscal

year such sums as may be necessary: Provided further, That these

benefit payments are subject to the availability of appropriations

and that each beneficiary's payment shall be reduced by a

proportionate share to the extent that sufficient funds are not

appropriated.

(c) Interim benefit payment

Whenever the Bureau determines upon showing of need and prior to

final action that the death of a public safety officer is one with

respect to which a benefit will probably be paid, the Bureau may

make an interim benefit payment not exceeding $3,000 to the

individual entitled to receive a benefit under subsection (a) of

this section.

(d) Deduction of interim payment

The amount of an interim payment under subsection (c) of this

section shall be deducted from the amount of any final benefit paid

to such individual.

(e) Repayment of interim payment; waiver

Where there is no final benefit paid, the recipient of any

interim payment under subsection (c) of this section shall be

liable for repayment of such amount. The Bureau may waive all or

part of such repayment, considering for this purpose the hardship

which would result from such repayment.

(f) Reductions from final benefit payment

The benefit payable under this subchapter shall be in addition to

any other benefit that may be due from any other source, except -

(1) payments authorized by section 12(k) of the Act of

September 1, 1916, as amended (D.C. Code, sec. 4-622); or

(2) benefits authorized by section 8191 of title 5. Such

beneficiaries shall only receive benefits under such section 8191

that are in excess of the benefits received under this

subchapter.

(g) Execution or attachment prohibited

No benefit paid under this subchapter shall be subject to

execution or attachment.

(h) Consumer Price Index adjustment

On October 1 of each fiscal year beginning after June 1, 1988,

the Bureau shall adjust the level of the benefit payable

immediately before such October 1 under subsection (a) of this

section, to reflect the annual percentage change in the Consumer

Price Index for All Urban Consumers, published by the Bureau of

Labor Statistics, occurring in the 1-year period ending on June 1

immediately preceding such October 1.

(i) Amount payable determined as of date of death

The amount payable under subsection (a) of this section with

respect to the death of a public safety officer shall be the amount

payable under subsection (a) of this section as of the date of

death of such officer.

(j) Limitations on benefits

(1) No benefit is payable under this subchapter with respect to

the death of a public safety officer if a benefit is paid under

this subchapter with respect to the disability of such officer.

(2) No benefit is payable under this subchapter with respect to

the disability of a public safety officer if a benefit is payable

under this subchapter with respect to the death of such public

safety officer.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1201, as added Pub. L. 98-473, title

II, Sec. 609F, Oct. 12, 1984, 98 Stat. 2098; amended Pub. L.

100-690, title VI, Sec. 6105(a)-(c), Nov. 18, 1988, 102 Stat. 4341;

Pub. L. 101-647, title XIII, Sec. 1301(a), Nov. 29, 1990, 104 Stat.

4834; Pub. L. 102-520, Sec. 1, Oct. 25, 1992, 106 Stat. 3402; Pub.

L. 103-322, title XXXIII, Sec. 330001(e)(1), Sept. 13, 1994, 108

Stat. 2138; Pub. L. 107-56, title VI, Sec. 613(a), Oct. 26, 2001,

115 Stat. 369; Pub. L. 107-196, Sec. 2(b), June 24, 2002, 116 Stat.

719.)

-REFTEXT-

REFERENCES IN TEXT

Section 12 of the Act of September 1, 1916, as amended, referred

to in subsec. (f)(1), is section 12 of act Sept. 1, 1916, ch. 433,

39 Stat. 718, as amended, which is not classified to the Code.

-MISC1-

PRIOR PROVISIONS

A prior section 3796, Pub. L. 90-351, title I, Sec. 1201, as

added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1219; amended

Pub. L. 98-411, title II, Sec. 204(a)(1), Aug. 30, 1984, 98 Stat.

1561; Pub. L. 98-473, title II, Sec. 609Z, Oct. 12, 1984, 98 Stat.

2107, contained provisions similar to this section, prior to the

general amendment of this subchapter by section 609F of Pub. L.

98-473.

Another prior section 3796, Pub. L. 90-351, title I, Sec. 701, as

added Pub. L. 94-430, Sec. 2, Sept. 29, 1976, 90 Stat. 1346,

contained provisions similar to this section, prior to the general

amendment of this chapter by Pub. L. 96-157.

A prior section 1201 of Pub. L. 90-351, title VII, June 19, 1968,

82 Stat. 236, was set out in the Appendix to Title 18, Crimes and

Criminal Procedure, prior to repeal by Pub. L. 99-308, Sec. 104(b),

May 19, 1986, 100 Stat. 459.

AMENDMENTS

2002 - Subsec. (a)(4), (5). Pub. L. 107-196 added par. (4) and

redesignated former par. (4) as (5).

2001 - Subsec. (a). Pub. L. 107-56 substituted "$250,000" for

"$100,000" in introductory provisions.

1994 - Subsec. (a). Pub. L. 103-322, Sec. 330001(e)(1)(A),

substituted "subsection (h) of this section," for "subsection (g)

of this section" in introductory provisions.

Subsec. (b). Pub. L. 103-322, Sec. 330001(e)(1)(B), substituted

"catastrophic injury" for "catastrophic personal injury",

"subsection (h)" for "subsection (g)", and "benefits paid under

this subsection" for "benefits paid under this section".

1992 - Subsec. (b). Pub. L. 102-520 substituted "the same benefit

in any year that is payable under subsection (a) of this section in

such year," for "a benefit of up to $100,000,".

1990 - Subsec. (b). Pub. L. 101-647, Sec. 1301(a)(3), added

subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 101-647, Sec. 1301(a)(2), redesignated

subsec. (b) as (c). Former subsec. (c) redesignated (d).

Subsecs. (d), (e). Pub. L. 101-647, Sec. 1301(a)(1), (2),

redesignated subsecs. (c) and (d) as (d) and (e), respectively, and

substituted "(c)" for "(b)". Former subsec. (e) redesignated (f).

Subsecs. (f) to (i). Pub. L. 101-647, Sec. 1301(a)(2),

redesignated former subsecs. (e) to (h) as (f) to (i),

respectively.

Subsec. (j). Pub. L. 101-647, Sec. 1301(a)(4), added subsec. (j).

1988 - Subsec. (a). Pub. L. 100-690, Sec. 6105(a), substituted

"$100,000, adjusted in accordance with subsection (g) of this

section" for "$50,000".

Subsec. (a)(4). Pub. L. 100-690, Sec. 6105(c), struck out

"dependent" before "parent".

Subsecs. (g), (h). Pub. L. 100-690, Sec. 6105(b), added subsecs.

(g) and (h).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-196, Sec. 2(c), June 24, 2002, 116 Stat. 720,

provided that: "The amendments made by this section [amending this

section and section 3796b of this title] shall take effect on

September 11, 2001, and shall apply to injuries or deaths that

occur in the line of duty on or after such date."

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-56, title VI, Sec. 613(b), Oct. 26, 2001, 115 Stat.

370, provided that: "The amendment made by subsection (a) [amending

this section] shall apply to any death or disability occurring on

or after January 1, 2001."

EFFECTIVE DATE OF 1992 AMENDMENT

Section 2 of Pub. L. 102-520 provided that: "The amendments made

by section 1 of this Act [amending this section] shall apply with

respect to injuries occurring on or after November 29, 1990, using

the calculation method used to determine benefits under section

1201(a) of title I of the Omnibus Crime Control and Safe Streets

Act of 1968 [subsec. (a) of this section]."

EFFECTIVE DATE OF 1990 AMENDMENT

Section 1303 of title XIII of Pub. L. 101-647 provided that: "The

amendments made by this title [amending this section and sections

3796a and 3796b of this title] shall take effect upon enactment

[Nov. 29, 1990] and shall not apply with respect to injuries

occurring before the effective date of such amendments."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 6105(e) of Pub. L. 100-690 provided that: "The amendments

made by this section [amending this section and section 3796b of

this title] shall take effect on June 1, 1988."

EFFECTIVE DATE

Subchapter effective Oct. 1, 1984, and inapplicable with respect

to injuries sustained before Oct. 1, 1984, see section 609AA(b)(1)

of Pub. L. 98-473, set out as a note under section 3711 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3796c, 3796c-1 of this

title.

-End-

-CITE-

42 USC Sec. 3796a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS

Part A - Death Benefits

-HEAD-

Sec. 3796a. Limitations on benefits

-STATUTE-

No benefit shall be paid under this subchapter -

(1) if the death or catastrophic injury was caused by the

intentional misconduct of the public safety officer or by such

officer's intention to bring about his death or catastrophic

injury;

(2) if the public safety officer was voluntarily intoxicated at

the time of his death or catastrophic injury;

(3) if the public safety officer was performing his duties in a

grossly negligent manner at the time of his death or catastrophic

injury;

(4) to any individual who would otherwise be entitled to a

benefit under this subchapter if such individual's actions were a

substantial contributing factor to the death or catastrophic

injury of the public safety officer; or

(5) to any individual employed in a capacity other than a

civilian capacity.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1202, as added Pub. L. 98-473, title

II, Sec. 609F, Oct. 12, 1984, 98 Stat. 2099; amended Pub. L.

101-647, title XIII, Sec. 1301(b), Nov. 29, 1990, 104 Stat. 4834.)

-MISC1-

PRIOR PROVISIONS

A prior section 3796a, Pub. L. 90-351, title I, Sec. 1202, as

added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1220; amended

Pub. L. 98-411, title II, Sec. 204(a)(2), Aug. 30, 1984, 98 Stat.

1561; Pub. L. 98-473, title II, Sec. 609Z, Oct. 12, 1984, 98 Stat.

2107, contained provisions similar to this section, prior to the

general amendment of this subchapter by section 609F of Pub. L.

98-473.

Another prior section 3796a, Pub. L. 90-351, title I, Sec. 702,

as added Pub. L. 94-430, Sec. 2, Sept. 29, 1976, 90 Stat. 1347,

contained provisions similar to this section, prior to the general

amendment of this chapter by Pub. L. 96-157.

A prior section 1202 of Pub. L. 90-351, title VII, June 19, 1968,

82 Stat. 236, was set out in the Appendix to Title 18, Crimes and

Criminal Procedure, prior to repeal by Pub. L. 99-308, Sec. 104(b),

May 19, 1986, 100 Stat. 459.

AMENDMENTS

1990 - Pars. (1) to (4). Pub. L. 101-647 inserted "or

catastrophic injury" after "death" wherever appearing.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-647 effective Nov. 29, 1990, and not

applicable with respect to injuries occurring before Nov. 29, 1990,

see section 1303 of Pub. L. 101-647, set out as a note under

section 3796 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3796c-1 of this title.

-End-

-CITE-

42 USC Sec. 3796a-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS

Part A - Death Benefits

-HEAD-

Sec. 3796a-1. National programs for families of public safety

officers who have died in line of duty

-STATUTE-

The Director is authorized to use no less than $150,000 of the

funds appropriated for this subchapter to maintain and enhance

national peer support and counseling programs to assist families of

public safety officers who have died in the line of duty.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1203, as added Pub. L. 100-690,

title VI, Sec. 6106(a)(2), Nov. 18, 1988, 102 Stat. 4341; amended

Pub. L. 105-180, Sec. 2(a), June 16, 1998, 112 Stat. 511.)

-MISC1-

PRIOR PROVISIONS

A prior section 1203 of Pub. L. 90-351 was renumbered section

1204 and is classified to section 3796b of this title.

Another prior section 1203 of Pub. L. 90-351, title VII, June 19,

1968, 82 Stat. 237, was set out in the Appendix to Title 18, Crimes

and Criminal Procedure, prior to repeal by Pub. L. 99-308, Sec.

104(b), May 19, 1986, 100 Stat. 459.

AMENDMENTS

1998 - Pub. L. 105-180 amended text generally. Prior to

amendment, text read as follows: "The Director is authorized and

directed to use up to $150,000 of the funds appropriated for this

subchapter to establish national programs to assist the families of

public safety officers who have died in the line of duty."

-TRANS-

TRANSFER OF FUNCTIONS

Effective Aug. 1, 2000, all functions of Director of Bureau of

Justice Assistance, other than those enumerated in section 3742(3)

to (6) of this title, transferred to Assistant Attorney General for

Office of Justice Programs, see section 1000(a)(1) [title I, Sec.

108(b)] of Pub. L. 106-113, set out as a note under section 3741 of

this title.

-End-

-CITE-

42 USC Sec. 3796b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS

Part A - Death Benefits

-HEAD-

Sec. 3796b. Definitions

-STATUTE-

As used in this subchapter -

(1) "catastrophic injury" means consequences of an injury that

permanently prevent an individual from performing any gainful

work;

(2) "chaplain" includes any individual serving as an officially

recognized or designated member of a legally organized volunteer

fire department or legally organized police department, or an

officially recognized or designated public employee of a legally

organized fire or police department who was responding to a fire,

rescue, or police emergency;

(3) "child" means any natural, illegitimate, adopted, or

posthumous child or stepchild of a deceased public safety officer

who, at the time of the public safety officer's death, is -

(i) 18 years of age or under;

(ii) over 18 years of age and a student as defined in section

8101 of title 5; or

(iii) over 18 years of age and incapable of self-support

because of physical or mental disability;

(4) "firefighter" includes an individual serving as an

officially recognized or designated member of a legally organized

volunteer fire department and an officially recognized or

designated public employee member of a rescue squad or ambulance

crew;

(5) "intoxication" means a disturbance of mental or physical

faculties resulting from the introduction of alcohol into the

body as evidenced by -

(i) a post-mortem blood alcohol level of .20 per centum or

greater; or

(ii) a post-mortem blood alcohol level of at least .10 per

centum but less than .20 per centum unless the Bureau receives

convincing evidence that the public safety officer was not

acting in an intoxicated manner immediately prior to his death;

or resulting from drugs or other substances in the body;

(6) "law enforcement officer" means an individual involved in

crime and juvenile delinquency control or reduction, or

enforcement of the laws, including, but not limited to, police,

corrections, probation, parole, and judicial officers;

(7) "public agency" means the United States, any State of the

United States, the District of Columbia, the Commonwealth of

Puerto Rico, the Virgin Islands of the United States, Guam,

American Samoa, the Trust Territory of the Pacific Islands, the

Commonwealth of the Northern Mariana Islands, and any territory

or possession of the United States, or any unit of local

government, department, agency, or instrumentality of any of the

foregoing; and

(8) "public safety officer" means -

(A) an individual serving a public agency in an official

capacity, with or without compensation, as a law enforcement

officer, as a firefighter, as a chaplain, or as a member of a

rescue squad or ambulance crew;

(B) an employee of the Federal Emergency Management Agency

who is performing official duties of the Agency in an area, if

those official duties -

(i) are related to a major disaster or emergency that has

been, or is later, declared to exist with respect to the area

under the Robert T. Stafford Disaster Relief and Emergency

Assistance Act (42 U.S.C. 5121 et seq.); and

(ii) are determined by the Director of the Federal

Emergency Management Agency to be hazardous duties; or

(C) an employee of a State, local, or tribal emergency

management or civil defense agency who is performing official

duties in cooperation with the Federal Emergency Management

Agency in an area, if those official duties -

(i) are related to a major disaster or emergency that has

been, or is later, declared to exist with respect to the area

under the Robert T. Stafford Disaster Relief and Emergency

Assistance Act (42 U.S.C. 5121 et seq.); and

(ii) are determined by the head of the agency to be

hazardous duties.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1204, formerly Sec. 1203, as added

Pub. L. 98-473, title II, Sec. 609F, Oct. 12, 1984, 98 Stat. 2099;

amended Pub. L. 99-500, Sec. 101(b) [title II, Sec. 207], Oct. 18,

1986, 100 Stat. 1783-39, 1783-56, and Pub. L. 99-591, Sec. 101(b)

[title II, Sec. 207], Oct. 30, 1986, 100 Stat. 3341-39, 3341-56;

renumbered Sec. 1204 and amended Pub. L. 100-690, title VI, Secs.

6105(d), 6106(a)(1), Nov. 18, 1988, 102 Stat. 4341; Pub. L.

101-647, title XIII, Secs. 1301(c), 1302, Nov. 29, 1990, 104 Stat.

4834; Pub. L. 103-322, title XXXIII, Sec. 330001(e)(2), Sept. 13,

1994, 108 Stat. 2139; Pub. L. 106-390, title III, Sec. 305(a), Oct.

30, 2000, 114 Stat. 1573; Pub. L. 107-196, Sec. 2(a), June 24,

2002, 116 Stat. 719.)

-REFTEXT-

REFERENCES IN TEXT

The Robert T. Stafford Disaster Relief and Emergency Assistance

Act, referred to in par. (8), is Pub. L. 93-288, May 22, 1974, 88

Stat. 143, as amended, which is classified principally to chapter

68 (Sec. 5121 et seq.) of this title. For complete classification

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

5121 of this title and Tables.

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC1-

PRIOR PROVISIONS

A prior section 3796b, Pub. L. 90-351, title I, Sec. 1203, as

added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1220; amended

Pub. L. 98-411, title II, Sec. 204(a)(3), Aug. 30, 1984, 98 Stat.

1561; Pub. L. 98-473, title II, Sec. 609Z, Oct. 12, 1984, 98 Stat.

2107, contained provisions similar to this section, prior to the

general amendment of this subchapter by section 609F of Pub. L.

98-473.

Another prior section 3796b, Pub. L. 90-351, title I, Sec. 703,

as added Pub. L. 94-430, Sec. 2, Sept. 29, 1976, 90 Stat. 1347,

contained provisions similar to this section, prior to the general

amendment of this chapter by Pub. L. 96-157.

A prior section 1204 of Pub. L. 90-351 was renumbered section

1205 and is classified to section 3796c of this title.

AMENDMENTS

2002 - Pars. (2) to (7). Pub. L. 107-196, Sec. 2(a)(1), (2),

added par. (2) and redesignated former pars. (2) to (6) as (3) to

(7), respectively. Former par. (7) redesignated (8).

Par. (8). Pub. L. 107-196, Sec. 2(a)(1), (3), redesignated par.

(7) as (8) and inserted "as a chaplain," after "firefighter," in

subpar. (A).

2000 - Par. (7). Pub. L. 106-390 added par. (7) and struck out

former par. (7) which read as follows: " 'public safety officer'

means an individual serving a public agency in an official

capacity, with or without compensation, as a law enforcement

officer, a firefighter, or rescue squad or ambulance crew".

1994 - Par. (3). Pub. L. 103-322 struck out before semicolon at

end "who was responding to a fire, rescue or police emergency".

1990 - Par. (1). Pub. L. 101-647, Sec. 1301(c), added par. (1).

Former par. (1) redesignated (2).

Par. (2). Pub. L. 101-647, Sec. 1302, which directed amendment of

par. (2) by inserting a period after "ambulance crew" and striking

out "who was responding to a fire, rescue or police emergency.",

could not be executed because the phrases "ambulance crew" and "who

was responding to a fire, rescue or police emergency." did not

appear in text of par. (2).

Pub. L. 101-647, Sec. 1301(c)(1), redesignated par. (1) as (2).

Former par. (2) redesignated (3).

Pars. (3) to (7). Pub. L. 101-647, Sec. 1301(c)(1), redesignated

pars. (2) to (6) as (3) to (7), respectively.

1988 - Pars. (2) to (7). Pub. L. 100-690, Sec. 6105(d),

redesignated pars. (3) to (7) as (2) to (6), respectively, and

struck out former par. (2) defining a "dependent" as any individual

substantially reliant for support upon income of deceased public

safety officer.

1986 - Pub. L. 99-500 and Pub. L. 99-591 inserted "and an

officially recognized or designated public employee member of a

rescue squad or ambulance crew who was responding to a fire, rescue

or police emergency" in par. (3), and substituted ", a firefighter,

or rescue squad or ambulance crew" for "or a firefighter." in par.

(7).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-196 effective Sept. 11, 2001, and

applicable to injuries or deaths that occur in the line of duty on

or after such date, see section 2(c) of Pub. L. 107-196, set out as

a note under section 3796 of this title.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-390, title III, Sec. 305(b), Oct. 30, 2000, 114 Stat.

1574, provided that: "The amendment made by subsection (a)

[amending this section] applies only to employees described in

subparagraphs (B) and (C) of section 1204(7) of the Omnibus Crime

Control and Safe Streets Act of 1968 [subpars. (B) and (C) of par.

(7) of this section] (as amended by subsection (a)) who are injured

or who die in the line of duty on or after the date of the

enactment of this Act [Oct. 30, 2000]."

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-647 effective Nov. 29, 1990, and not

applicable with respect to injuries occurring before Nov. 29, 1990,

see section 1303 of Pub. L. 101-647, set out as a note under

section 3796 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 6105(d) of Pub. L. 100-690 effective June 1,

1988, see section 6105(e) of Pub. L. 100-690, set out as a note

under section 3796 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3796c-1 of this title;

title 26 section 101; title 28 section 1863.

-End-

-CITE-

42 USC Sec. 3796c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS

Part A - Death Benefits

-HEAD-

Sec. 3796c. Administrative provisions

-STATUTE-

(a) Rules, regulations, and procedures

The Bureau is authorized to establish such rules, regulations,

and procedures as may be necessary to carry out the purposes of

this subchapter. Such rules, regulations, and procedures will be

determinative of conflict of laws issues arising under this

subchapter. Rules, regulations, and procedures issued under this

subchapter may include regulations governing the recognition of

agents or other persons representing claimants under this

subchapter before the Bureau. The Bureau may prescribe the maximum

fees which may be charged for services performed in connection with

any claim under this subchapter before the Bureau, and any

agreement in violation of such rules and regulations shall be void.

(b) Use of State and local administrative and investigative

assistance

In making determinations under section 3796 of this title, the

Bureau may utilize such administrative and investigative assistance

as may be available from State and local agencies. Responsibility

for making final determinations shall rest with the Bureau.

(c) Use of appropriated funds to conduct appeals

Notwithstanding any other provision of law, the Bureau is

authorized to use appropriated funds to conduct appeals of public

safety officers' death and disability claims.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1205, formerly Sec. 1204, as added

Pub. L. 98-473, title II, Sec. 609F, Oct. 12, 1984, 98 Stat. 2100;

renumbered Sec. 1205, Pub. L. 100-690, title VI, Sec. 6106(a)(1),

Nov. 18, 1988, 102 Stat. 4341; amended Pub. L. 105-180, Sec. 2(b),

June 16, 1998, 112 Stat. 511.)

-MISC1-

PRIOR PROVISIONS

A prior section 3796c, Pub. L. 90-351, title I, Sec. 1204, as

added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1221,

contained provisions similar to this section, prior to the general

amendment of this subchapter by section 609F of Pub. L. 98-473.

Another prior section 3796c, Pub. L. 90-351, title I, Sec. 704,

as added Pub. L. 94-430, Sec. 2, Sept. 29, 1976, 90 Stat. 1347,

contained provisions similar to this section, prior to the general

amendment of this chapter by Pub. L. 96-157.

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-180 added subsec. (c).

-End-

-CITE-

42 USC Sec. 3796c-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS

Part A - Death Benefits

-HEAD-

Sec. 3796c-1. Expedited payment for public safety officers involved

in the prevention, investigation, rescue, or recovery efforts

related to a terrorist attack

-STATUTE-

(a) In general

Notwithstanding the limitations of subsection (b) of section 1201

or the provisions of subsections (c), (d), and (e) of such section

or section 1202 of title I of the Omnibus Crime Control and Safe

Streets Act of 1968 (42 U.S.C. 3796, 3796a), upon certification

(containing identification of all eligible payees of benefits

pursuant to section 1201 of such Act) by a public agency that a

public safety officer employed by such agency was killed or

suffered a catastrophic injury producing permanent and total

disability as a direct and proximate result of a personal injury

sustained in the line of duty as described in section 1201 of such

Act in connection with prevention, investigation, rescue, or

recovery efforts related to a terrorist attack, the Director of the

Bureau of Justice Assistance shall authorize payment to qualified

beneficiaries, said payment to be made not later than 30 days after

receipt of such certification, benefits described under subpart 1

of part L of such Act (42 U.S.C. 3796 et seq.).

(b) Definitions

For purposes of this section, the terms "catastrophic injury",

"public agency", and "public safety officer" have the same meanings

given such terms in section 1204 of title I of the Omnibus Crime

Control and Safe Streets Act of 1968 (42 U.S.C. 3796b).

-SOURCE-

(Pub. L. 107-56, title VI, Sec. 611, Oct. 26, 2001, 115 Stat. 369.)

-REFTEXT-

REFERENCES IN TEXT

The Omnibus Crime Control and Safe Streets Act of 1968, referred

to in subsec. (a), is Pub. L. 90-351, June 19, 1968, 82 Stat. 197,

as amended. The reference to subpart 1 of part L of the Act

probably means subpart 1 of part L of title I of the Act which is

classified generally to this part. For complete classification of

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

3711 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Uniting and Strengthening

America by Providing Appropriate Tools Required to Intercept and

Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, and not as part

of title I of the Omnibus Crime Control and Safe Streets Act of

1968 which comprises this chapter.

-End-

-CITE-

42 USC Part B - Educational Assistance to Dependents of

Civilian Federal Law Enforcement

Officers Killed or Disabled in Line

of Duty 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS

Part B - Educational Assistance to Dependents of Civilian Federal

Law Enforcement Officers Killed or Disabled in Line

of Duty

-HEAD-

PART B - EDUCATIONAL ASSISTANCE TO DEPENDENTS OF CIVILIAN FEDERAL

LAW ENFORCEMENT OFFICERS KILLED OR DISABLED IN LINE OF DUTY

-End-

-CITE-

42 USC Sec. 3796d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS

Part B - Educational Assistance to Dependents of Civilian Federal

Law Enforcement Officers Killed or Disabled in Line

of Duty

-HEAD-

Sec. 3796d. Purposes

-STATUTE-

The purposes of this part are -

(1) to enhance the appeal of service in public safety agencies;

(2) to extend the benefits of higher education to qualified and

deserving persons who, by virtue of the death of or total

disability of an eligible officer, may not be able to afford it

otherwise; and

(3) to allow the family members of eligible officers to attain

the vocational and educational status which they would have

attained had a parent or spouse not been killed or disabled in

the line of duty.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1211, as added Pub. L. 104-238, Sec.

2(2), Oct. 3, 1996, 110 Stat. 3114; amended Pub. L. 105-390, Sec.

2(2), Nov. 13, 1998, 112 Stat. 3495.)

-MISC1-

AMENDMENTS

1998 - Par. (1). Pub. L. 105-390 substituted "public safety" for

"civilian Federal law enforcement".

-End-

-CITE-

42 USC Sec. 3796d-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS

Part B - Educational Assistance to Dependents of Civilian Federal

Law Enforcement Officers Killed or Disabled in Line

of Duty

-HEAD-

Sec. 3796d-1. Basic eligibility

-STATUTE-

(a) Benefits

(1) Subject to the availability of appropriations, the Attorney

General shall provide financial assistance to a dependent who

attends a program of education and is -

(A) the child of any eligible public safety officer under part

A of this subchapter; or

(B) the spouse of an officer described in subparagraph (A) at

the time of the officer's death or on the date of a totally and

permanently disabling injury.

(2) Except as provided in paragraph (3), financial assistance

under this part shall consist of direct payments to an eligible

dependent and shall be computed on the basis set forth in section

3532 of title 38.

(3) The financial assistance referred to in paragraph (2) shall

be reduced by the sum of -

(A) the amount of educational assistance benefits from other

Federal, State, or local governmental sources to which the

eligible dependent would otherwise be entitled to receive; and

(B) the amount, if any, determined under section 3796d-3(b) of

this title.

(b) Duration of benefits

No dependent shall receive assistance under this part for a

period in excess of forty-five months of full-time education or

training or a proportional period of time for a part-time program.

(c) Age limitation for dependent children

No dependent child shall be eligible for assistance under this

part after the child's 27th birthday absent a finding by the

Attorney General of extraordinary circumstances precluding the

child from pursuing a program of education.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1212, as added Pub. L. 104-238, Sec.

2(2), Oct. 3, 1996, 110 Stat. 3114; amended Pub. L. 105-390, Sec.

2(3), Nov. 13, 1998, 112 Stat. 3495.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1)(A). Pub. L. 105-390, Sec. 2(3)(A),

substituted "public safety" for "Federal law enforcement".

Subsec. (a)(2). Pub. L. 105-390, Sec. 2(3)(B), substituted

"Except as provided in paragraph (3), financial" for "Financial".

Subsec. (a)(3). Pub. L. 105-390, Sec. 2(3)(C), added par. (3).

-End-

-CITE-

42 USC Sec. 3796d-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS

Part B - Educational Assistance to Dependents of Civilian Federal

Law Enforcement Officers Killed or Disabled in Line

of Duty

-HEAD-

Sec. 3796d-2. Applications; approval

-STATUTE-

(a) Application

A person seeking assistance under this part shall submit an

application to the Attorney General in such form and containing

such information as the Attorney General reasonably may require.

(b) Approval

The Attorney General shall approve an application for assistance

under this part unless the Attorney General finds that -

(1) the dependent is not eligible for, is no longer eligible

for, or is not entitled to the assistance for which application

is made;

(2) the dependent's selected educational institution fails to

meet a requirement under this part for eligibility;

(3) the dependent's enrollment in or pursuit of the educational

program selected would fail to meet the criteria established in

this part for programs; or

(4) the dependent already is qualified by previous education or

training for the educational, professional, or vocational

objective for which the educational program is offered.

(c) Notification

The Attorney General shall notify a dependent applying for

assistance under this part of approval or disapproval of the

application in writing.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1213, as added Pub. L. 104-238, Sec.

2(2), Oct. 3, 1996, 110 Stat. 3115.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3796d-3 of this title.

-End-

-CITE-

42 USC Sec. 3796d-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS

Part B - Educational Assistance to Dependents of Civilian Federal

Law Enforcement Officers Killed or Disabled in Line

of Duty

-HEAD-

Sec. 3796d-3. Regulations

-STATUTE-

(a) In general

The Attorney General may promulgate reasonable and necessary

regulations to implement this part.

(b) Sliding scale

Notwithstanding section 3796d-2(b) of this title, the Attorney

General shall issue regulations regarding the use of a sliding

scale based on financial need to ensure that an eligible dependent

who is in financial need receives priority in receiving funds under

this part.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1214, as added Pub. L. 104-238, Sec.

2(2), Oct. 3, 1996, 110 Stat. 3115; amended Pub. L. 105-390, Sec.

2(4), Nov. 13, 1998, 112 Stat. 3495.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-390 designated existing provisions as subsec.

(a), inserted heading, and added subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3796d-1 of this title.

-End-

-CITE-

42 USC Sec. 3796d-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS

Part B - Educational Assistance to Dependents of Civilian Federal

Law Enforcement Officers Killed or Disabled in Line

of Duty

-HEAD-

Sec. 3796d-4. Discontinuation for unsatisfactory conduct or

progress

-STATUTE-

The Attorney General may discontinue assistance under this part

when the Attorney General finds that, according to the regularly

prescribed standards and practices of the educational institution,

the recipient fails to maintain satisfactory progress as described

in section 1091(c) of title 20.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1215, as added Pub. L. 104-238, Sec.

2(2), Oct. 3, 1996, 110 Stat. 3115.)

-End-

-CITE-

42 USC Sec. 3796d-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS

Part B - Educational Assistance to Dependents of Civilian Federal

Law Enforcement Officers Killed or Disabled in Line

of Duty

-HEAD-

Sec. 3796d-5. Special rule

-STATUTE-

(a) Retroactive eligibility

Notwithstanding any other provision of law, each dependent of a

Federal law enforcement officer killed in the line of duty on or

after January 1, 1978,,(!1) and each dependent of a public safety

officer killed in the line of duty on or after January 1, 1978,

shall be eligible for assistance under this part, subject to the

other limitations of this part.

(b) Retroactive assistance

The Attorney General may provide retroactive assistance to

dependents eligible under this section for each month in which the

dependent pursued a program of education at an eligible educational

institution. The Attorney General shall apply the limitations

contained in this part to retroactive assistance.

(c) Prospective assistance

The Attorney General may provide prospective assistance to

dependents eligible under this section on the same basis as

assistance to dependents otherwise eligible. In applying the

limitations on assistance under this part, the Attorney General

shall include assistance provided retroactively. A dependent

eligible under this section may waive retroactive assistance and

apply only for prospective assistance on the same basis as

dependents otherwise eligible.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1216, as added Pub. L. 104-238, Sec.

2(2), Oct. 3, 1996, 110 Stat. 3115; amended Pub. L. 105-390, Sec.

2(5), Nov. 13, 1998, 112 Stat. 3496; Pub. L. 106-276, Sec. 1(a),

Oct. 2, 2000, 114 Stat. 812.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-276 substituted "January 1,

1978," for "May 1, 1992" and "January 1, 1978, shall" for "October

1, 1997, shall".

1998 - Subsec. (a). Pub. L. 105-390 inserted "and each dependent

of a public safety officer killed in the line of duty on or after

October 1, 1997," after "1992,".

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-276, Sec. 1(b), Oct. 2, 2000, 114 Stat. 812, provided

that: "The amendments made by subsection (a) [amending this

section] shall take effect October 1, 1999."

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC Sec. 3796d-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS

Part B - Educational Assistance to Dependents of Civilian Federal

Law Enforcement Officers Killed or Disabled in Line

of Duty

-HEAD-

Sec. 3796d-6. Definitions

-STATUTE-

For purposes of this part:

(1) The term "Attorney General" means the Attorney General of

the United States.

(2) The term "program of education" means any curriculum or any

combination of unit courses or subjects pursued at an eligible

educational institution, which generally is accepted as necessary

to fulfill requirements for the attainment of a predetermined and

identified educational, professional, or vocational objective. It

includes course work for the attainment of more than one

objective if in addition to the previous requirements, all the

objectives generally are recognized as reasonably related to a

single career field.

(3) The term "eligible educational institution" means an

institution which -

(A) is described in section 481 of the Higher Education Act

of 1965 (20 U.S.C. 1088), as in effect on October 3, 1996; and

(B) is eligible to participate in programs under title IV of

such Act [20 U.S.C. 1070 et seq. and 42 U.S.C. 2751 et seq.].

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1217, as added Pub. L. 104-238, Sec.

2(2), Oct. 3, 1996, 110 Stat. 3116; amended Pub. L. 105-390, Sec.

2(6), Nov. 13, 1998, 112 Stat. 3496.)

-REFTEXT-

REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in par. (3)(B), is

Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title IV

of the Act is classified generally to subchapter IV (Sec. 1070 et

seq.) of chapter 28 of Title 20, Education, and part C (Sec. 2751

et seq.) of subchapter I of chapter 34 of this title. For complete

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

out under section 1001 of Title 20 and Tables.

-MISC1-

AMENDMENTS

1998 - Pars. (2) to (4). Pub. L. 105-390 redesignated pars. (3)

and (4) as (2) and (3), respectively, and struck out former par.

(2) which read as follows: "The term 'Federal law enforcement

officer' has the same meaning as under part A of this subchapter."

-End-

-CITE-

42 USC Sec. 3796d-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS

Part B - Educational Assistance to Dependents of Civilian Federal

Law Enforcement Officers Killed or Disabled in Line

of Duty

-HEAD-

Sec. 3796d-7. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this part

such sums as may be necessary.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1218, as added Pub. L. 104-238, Sec.

2(2), Oct. 3, 1996, 110 Stat. 3117.)

-End-

-CITE-

42 USC SUBCHAPTER XII-A - REGIONAL INFORMATION SHARING

SYSTEMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09A - REGIONAL INFORMATION SHARING SYSTEMS

-HEAD-

SUBCHAPTER XII-A - REGIONAL INFORMATION SHARING SYSTEMS

-MISC1-

PRIOR PROVISIONS

A prior subchapter XII-A, consisted of sections 3796h to 3796s,

related to grants for law enforcement programs, prior to repeal by

Pub. L. 100-690, title VI, Sec. 6101(a), Nov. 18, 1988, 102 Stat.

4340. For similar provisions, see subchapter V of this chapter.

Section 3796h, Pub. L. 90-351, title I, Sec. 1301, as added Pub.

L. 99-570, title I, Sec. 1552(a)(3), Oct. 27, 1986, 100 Stat.

3207-41, authorized Director to provide grants for drug law

enforcement programs to eligible States and units of local

government.

A prior section 1301 of Pub. L. 90-351 was renumbered section

2501 and is classified to section 3797 of this title.

Section 3796i, Pub. L. 90-351, title I, Sec. 1302, as added Pub.

L. 99-570, title I, Sec. 1552(a)(3), Oct. 27, 1986, 100 Stat.

3207-41, provided for a description of the drug law enforcement

grant program.

Section 3796j, Pub. L. 90-351, title I, Sec. 1303, as added Pub.

L. 99-570, title I, Sec. 1552(a)(3), Oct. 27, 1986, 100 Stat.

3207-42, related to applications to receive drug law enforcement

program grants.

Section 3796k, Pub. L. 90-351, title I, Sec. 1304, as added Pub.

L. 99-570, title I, Sec. 1552(a)(3), Oct. 27, 1986, 100 Stat.

3207-43, related to review of applications to receive drug law

enforcement program grants.

Section 3796l, Pub. L. 90-351, title I, Sec. 1305, as added Pub.

L. 99-570, title I, Sec. 1552(a)(3), Oct. 27, 1986, 100 Stat.

3207-43, related to allocation and distribution of funds under

formula drug law enforcement grants.

Section 3796m, Pub. L. 90-351, title I, Sec. 1306, as added Pub.

L. 99-570, title I, Sec. 1552(a)(3), Oct. 27, 1986, 100 Stat.

3207-44, required each State and unit of local government receiving

drug law enforcement grants to report each year to the Director and

required Director to report annually to Congress.

Section 3796n, Pub. L. 90-351, title I, Sec. 1307, as added Pub.

L. 99-570, title I, Sec. 1552(a)(3), Oct. 27, 1986, 100 Stat.

3207-44, related to limitations on expenditures of funds, payment

of the non-Federal portion in cash, and maintenance of records by

States and units of local government.

Section 3796o, Pub. L. 90-351, title I, Sec. 1308, as added Pub.

L. 99-570, title I, Sec. 1552(a)(3), Oct. 27, 1986, 100 Stat.

3207-45, provided for designation of a State office for program

administration.

Section 3796p, Pub. L. 90-351, title I, Sec. 1309, as added Pub.

L. 99-570, title I, Sec. 1552(a)(3), Oct. 27, 1986, 100 Stat.

3207-45, provided for discretionary grants for drug law enforcement

programs.

Section 3796q, Pub. L. 90-351, title I, Sec. 1310, as added Pub.

L. 99-570, title I, Sec. 1552(a)(3), Oct. 27, 1986, 100 Stat.

3207-45, provided application requirements for discretionary

grants.

Section 3796r, Pub. L. 90-351, title I, Sec. 1311, as added Pub.

L. 99-570, title I, Sec. 1552(a)(3), Oct. 27, 1986, 100 Stat.

3207-45, related to allocation of funds for discretionary grants.

Section 3796s, Pub. L. 90-351, title I, Sec. 1312, as added Pub.

L. 99-570, title I, Sec. 1552(a)(3), Oct. 27, 1986, 100 Stat.

3207-46, provided for a limitation on use of discretionary grant

funds.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3782, 3783, 3793 of

this title.

-End-

-CITE-

42 USC Sec. 3796h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09A - REGIONAL INFORMATION SHARING SYSTEMS

-HEAD-

Sec. 3796h. Regional information sharing systems grants

-STATUTE-

(a) Authority of Director

The Director of the Bureau of Justice Assistance is authorized to

make grants and enter into contracts with State and local criminal

justice agencies and nonprofit organizations for the purposes of

identifying, targeting, and removing criminal conspiracies and

activities and terrorist conspiracies and activities spanning

jurisdictional boundaries.

(b) Purposes

Grants and contracts awarded under this subchapter shall be made

for -

(1) maintaining and operating information sharing systems that

are responsive to the needs of participating enforcement agencies

in addressing multijurisdictional offenses and conspiracies, and

that are capable of providing controlling input, dissemination,

rapid retrieval, and systematized updating of information to

authorized agencies;

(2) establishing and operating an analytical component to

assist participating agencies and projects in the compilation,

interpretation, and presentation of information provided to a

project;

(3) establishing and maintaining a telecommunication of the

information sharing and analytical programs in clauses (1) and

(2);

(4) establishing and operating secure information sharing

systems to enhance the investigation and prosecution abilities of

participating enforcement agencies in addressing

multi-jurisdictional terrorist conspiracies and activities; and

(5) (!1)

(5) other programs designated by the Director that are designed

to further the purposes of this subchapter.

(c) Rules and regulations

The Director is authorized to promulgate such rules and

regulations as are necessary to carry out the purposes of this

section, including rules and regulations for submitting and

reviewing applications.

(d) Authorization of appropriation to the Bureau of Justice

Assistance

There are authorized to be appropriated to the Bureau of Justice

Assistance to carry out this section $50,000,000 for fiscal year

2002 and $100,000,000 for fiscal year 2003.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1301, as added Pub. L. 100-690,

title VI, Sec. 6101(a), Nov. 18, 1988, 102 Stat. 4340; amended Pub.

L. 107-56, title VII, Sec. 701, Oct. 26, 2001, 115 Stat. 374.)

-MISC1-

PRIOR PROVISIONS

A prior section 1301 of Pub. L. 90-351 was renumbered section

2501 and is classified to section 3797 of this title.

Another prior section 1301 of Pub. L. 90-351, title VIII, June

19, 1968, 82 Stat. 237, amended section 3731 of Title 18, Crimes

and Criminal Procedure.

For other prior sections 1301 of Pub. L. 90-351 and prior section

3796h of this title, see note set out preceding this section.

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-56, Sec. 701(1), inserted "and

terrorist conspiracies and activities" after "criminal conspiracies

and activities".

Subsec. (b)(4), (5). Pub. L. 107-56, Sec. 701(2), added par. (4)

and redesignated former par. (4) as (5).

Subsec. (d). Pub. L. 107-56, Sec. 701(3), added subsec. (d).

-TRANS-

TRANSFER OF FUNCTIONS

Effective Aug. 1, 2000, all functions of Director of Bureau of

Justice Assistance, other than those enumerated in section 3742(3)

to (6) of this title, transferred to Assistant Attorney General for

Office of Justice Programs, see section 1000(a)(1) [title I, Sec.

108(b)] of Pub. L. 106-113, set out as a note under section 3741 of

this title.

-FOOTNOTE-

(!1) So in original. "(5)" probably should not appear.

-End-

-CITE-

42 USC SUBCHAPTER XII-B - GRANTS FOR CLOSED-CIRCUIT

TELEVISING OF TESTIMONY OF CHILDREN WHO ARE

VICTIMS OF ABUSE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09B - GRANTS FOR CLOSED-CIRCUIT TELEVISING OF

TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE

-HEAD-

SUBCHAPTER XII-B - GRANTS FOR CLOSED-CIRCUIT TELEVISING OF

TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3742, 3782, 3783, 3793

of this title.

-End-

-CITE-

42 USC Sec. 3796aa 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09B - GRANTS FOR CLOSED-CIRCUIT TELEVISING OF

TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE

-HEAD-

Sec. 3796aa. Function of Director

-STATUTE-

The Director shall provide funds to eligible States and units of

local government pursuant to this subchapter.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1401, as added Pub. L. 101-647,

title II, Sec. 241(a)(2), Nov. 29, 1990, 104 Stat. 4810.)

-MISC1-

PRIOR PROVISIONS

A prior section 1401 of Pub. L. 90-351 was renumbered section

2601 and is classified to section 3797 of this title.

Another prior section 1401 of Pub. L. 90-351, title IX, June 19,

1968, 82 Stat. 238, enacted section 3103a of Title 18, Crimes and

Criminal Procedure.

-TRANS-

TRANSFER OF FUNCTIONS

Effective Aug. 1, 2000, all functions of Director of Bureau of

Justice Assistance, other than those enumerated in section 3742(3)

to (6) of this title, transferred to Assistant Attorney General for

Office of Justice Programs, see section 1000(a)(1) [title I, Sec.

108(b)] of Pub. L. 106-113, set out as a note under section 3741 of

this title.

-End-

-CITE-

42 USC Sec. 3796aa-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09B - GRANTS FOR CLOSED-CIRCUIT TELEVISING OF

TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE

-HEAD-

Sec. 3796aa-1. Description of grant program

-STATUTE-

The Director is authorized to make grants to provide equipment

and personnel training for the closed-circuit televising and video

taping of the testimony of children in criminal proceedings for the

violation of laws relating to the abuse of children.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1402, as added Pub. L. 101-647,

title II, Sec. 241(a)(2), Nov. 29, 1990, 104 Stat. 4810; amended

Pub. L. 103-322, title IV, Sec. 40156(c)(2), Sept. 13, 1994, 108

Stat. 1923.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-322 struck out "to States, for the use of

States and units of local government in the States" after "make

grants".

-TRANS-

TRANSFER OF FUNCTIONS

Effective Aug. 1, 2000, all functions of Director of Bureau of

Justice Assistance, other than those enumerated in section 3742(3)

to (6) of this title, transferred to Assistant Attorney General for

Office of Justice Programs, see section 1000(a)(1) [title I, 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 3796aa-2, 3796aa-3,

3796aa-6 of this title.

-End-

-CITE-

42 USC Sec. 3796aa-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09B - GRANTS FOR CLOSED-CIRCUIT TELEVISING OF

TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE

-HEAD-

Sec. 3796aa-2. Applications to receive grants

-STATUTE-

To request a grant under section 3796aa-1 of this title, the

chief executive officer of a State or unit of local government

shall submit to the Director an application at such time and in

such form as the Director may require. Such application shall

include -

(1) a certification that Federal funds made available under

section 3796aa-1 of this title will not be used to supplant State

or local funds, but will be used to increase the amounts of such

funds that would, in the absence of such funds, be made available

for criminal proceedings for the violation of laws relating to

the abuse of children; and

(2) a certification that funds required to pay the non-Federal

portion of the cost of equipment and personnel training for which

such grant is made shall be in addition to funds that would

otherwise be made available by the recipients of grant funds for

criminal proceedings for the violation of laws relating to the

abuse of children.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1403, as added Pub. L. 101-647,

title II, Sec. 241(a)(2), Nov. 29, 1990, 104 Stat. 4810; amended

Pub. L. 103-322, title IV, Sec. 40156(c)(3), Sept. 13, 1994, 108

Stat. 1923.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-322, in introductory provisions inserted "or

unit of local government" after "of a State", in par. (1) inserted

"and" at end, in par. (2) substituted a period for the semicolon at

end, and struck out pars. (3) and (4) which read as follows:

"(3) an assurance that the State application described in this

section, and any amendment to such application, has been submitted

for review to the State legislature or its designated body (for

purposes of this section, such application or amendment shall be

deemed to be reviewed if the State legislature or such body does

not review such application or amendment within the 60-day period

beginning on the date such application or amendment is so

submitted); and

"(4) an assurance that the State application and any amendment

thereto was made public before submission to the Bureau and, to the

extent provided under State law or established procedure, an

opportunity to comment thereon was provided to citizens and to

neighborhood and community groups."

-TRANS-

TRANSFER OF FUNCTIONS

Effective Aug. 1, 2000, all functions of Director of Bureau of

Justice Assistance, other than those enumerated in section 3742(3)

to (6) of this title, transferred to Assistant Attorney General for

Office of Justice Programs, see section 1000(a)(1) [title I, 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 3796aa-3, 3796aa-5 of

this title.

-End-

-CITE-

42 USC Sec. 3796aa-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09B - GRANTS FOR CLOSED-CIRCUIT TELEVISING OF

TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE

-HEAD-

Sec. 3796aa-3. Review of applications

-STATUTE-

(a) Eligibility for grants

An applicant is eligible to receive a grant under this subchapter

if -

(1) the applicant certifies and the Director determines that

there is in effect in the State a law that permits the

closed-circuit televising and video taping of testimony of

children in criminal proceedings for the violation of laws

relating to the abuse of children;

(2) the applicant certifies and the Director determines that

State law meets the following criteria:

(A) the judges determination that a child witness will be

traumatized by the presence of the defendant must be made on a

case-by-case basis;

(B) the trauma suffered must be more than de minimis;

(C) the child witness must give his/her statements under

oath;

(D) the child witness must submit to cross-examination; and

(E) the finder of fact must be permitted to observe the

demeanor of the child witness in making his or her statement

and the defendant must be able to contemporaneously communicate

with his defense attorney; and

(3) the Director determines that the application submitted

under section 3796aa-1 of this title or amendment to such

application is consistent with the requirements of this chapter.

(b) Applications deemed approved

Each application or amendment made and submitted for approval to

the Director pursuant to section 3796aa-2 of this title shall be

deemed approved, in whole or in part, by the Director not later

than 60 days after first received unless the Director informs the

applicant of specific reasons for disapproval.

(c) Reconsideration of applications

The Director shall not finally disapprove any application, or any

amendment thereto, submitted to the Director under this section

without first affording the applicant reasonable notice and

opportunity for reconsideration.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1404, as added Pub. L. 101-647,

title II, Sec. 241(a)(2), Nov. 29, 1990, 104 Stat. 4811; amended

Pub. L. 103-322, title IV, Sec. 40156(c)(4), Sept. 13, 1994, 108

Stat. 1923.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322, Sec. 40156(c)(4)(A)(i),

(vii), substituted "An applicant is eligible to receive a grant

under this subchapter if - " for "The Bureau shall provide

financial assistance to each State applicant under section 3796aa-1

of this title to provide equipment and personnel training for the

closed-circuit televising and video taping of the testimony of

children in criminal proceedings for the violation of laws relating

to the abuse of children, upon determining that" in introductory

provisions and designated concluding provisions as subsec. (b). See

below.

Subsec. (a)(1). Pub. L. 103-322, Sec. 40156(c)(4)(A)(ii),

substituted "the applicant certifies and the Director determines

that there is in effect in the State" for "there is in effect in

such State".

Subsec. (a)(2). Pub. L. 103-322, Sec. 40156(c)(4)(A)(iii), in

introductory provisions substituted "the applicant certifies and

the Director determines that State law meets" for "such State law

shall meet".

Subsec. (a)(2)(E). Pub. L. 103-322, Sec. 40156(c)(4)(A)(iv),

which directed the insertion of "and" at the end of "subparagraph

(E)", without indicating which paragraph of subsec. (a) was to be

amended, was executed by making the insertion at end of par. (2)(E)

to reflect the probable intent of Congress.

Subsec. (a)(3). Pub. L. 103-322, Sec. 40156(c)(4)(A)(v), inserted

"the Director determines that" before "the application" and

substituted a period for "; and" at end.

Subsec. (a)(4). Pub. L. 103-322, Sec. 40156(c)(4)(A)(vi), struck

out par. (4) which read as follows: "before the approval of such

application and any amendment thereto the Bureau has made an

affirmative finding in writing that such equipment and personnel

training has been reviewed in accordance with section 3796aa-2 of

this title."

Subsec. (b). Pub. L. 103-322, Sec. 40156(c)(4)(A)(vii), (viii),

designated concluding provisions of subsec. (a) as subsec. (b) and

substituted "the Director" for "the Bureau" wherever appearing.

Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 103-322, Sec. 40156(c)(4)(B), redesignated

subsec. (b), relating to reconsideration of applications, as (c)

and substituted "The Director" for "The Bureau".

-TRANS-

TRANSFER OF FUNCTIONS

Effective Aug. 1, 2000, all functions of Director of Bureau of

Justice Assistance, other than those enumerated in section 3742(3)

to (6) of this title, transferred to Assistant Attorney General for

Office of Justice Programs, see section 1000(a)(1) [title I, Sec.

108(b)] of Pub. L. 106-113, set out as a note under section 3741 of

this title.

-End-

-CITE-

42 USC Sec. 3796aa-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09B - GRANTS FOR CLOSED-CIRCUIT TELEVISING OF

TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE

-HEAD-

Sec. 3796aa-4. Repealed. Pub. L. 103-322, title IV, Sec.

40156(c)(5), Sept. 13, 1994, 108 Stat. 1924

-MISC1-

Section, Pub. L. 90-351, title I, Sec. 1405, as added Pub. L.

101-647, title II, Sec. 241(a)(2), Nov. 29, 1990, 104 Stat. 4811,

related to allocation and distribution of funds under formula

grants, limitation on use of funds, and waiver of assistance by

States.

-End-

-CITE-

42 USC Sec. 3796aa-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09B - GRANTS FOR CLOSED-CIRCUIT TELEVISING OF

TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE

-HEAD-

Sec. 3796aa-5. Reports

-STATUTE-

(a) Each State or unit of local government that receives a grant

under this subchapter shall submit to the Director, for each year

in which any part of such grant is expended by a State or unit of

local government, a report which contains -

(1) a summary of the activities carried out with such grant and

an assessment of the impact of such activities on meeting the

needs identified in the application submitted under section

3796aa-2 of this title; and

(2) such other information as the Director may require by rule.

Such report shall be submitted in such form and by such time as the

Director may require by rule.

(b) Not later than 90 days after the end of each fiscal year for

which grants are made under this subchapter, the Director shall

submit to the Speaker of the House of Representatives and the

President pro tempore of the Senate a report that includes with

respect to each State -

(1) the aggregate amount of grants made under this chapter to

the State and units of local government in the State for such

fiscal year; and

(2) a summary of the information provided in compliance with

subsection (a)(1) of this section.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1406, as added Pub. L. 101-647,

title II, Sec. 241(a)(2), Nov. 29, 1990, 104 Stat. 4812; amended

Pub. L. 103-322, title IV, Sec. 40156(c)(6), Sept. 13, 1994, 108

Stat. 1924.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322, Sec. 40156(c)(6)(A)(i),

(ii), substituted "State or unit of local government that" for

"State which" and "subchapter" for "chapter" in introductory

provisions.

Subsec. (a)(1). Pub. L. 103-322, Sec. 40156(c)(6)(A)(iii), struck

out "State" before "application submitted".

Subsec. (b)(1). Pub. L. 103-322, Sec. 40156(c)(6)(B), substituted

"the State and units of local government in the State" for "such

State".

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which item 13 on page 121 identifies a reporting provision which,

as subsequently amended, is contained in subsec. (b) of this

section), see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance.

-TRANS-

TRANSFER OF FUNCTIONS

Effective Aug. 1, 2000, all functions of Director of Bureau of

Justice Assistance, other than those enumerated in section 3742(3)

to (6) of this title, transferred to Assistant Attorney General for

Office of Justice Programs, see section 1000(a)(1) [title I, Sec.

108(b)] of Pub. L. 106-113, set out as a note under section 3741 of

this title.

-End-

-CITE-

42 USC Sec. 3796aa-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09B - GRANTS FOR CLOSED-CIRCUIT TELEVISING OF

TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE

-HEAD-

Sec. 3796aa-6. Expenditure of grants; records

-STATUTE-

(a) Identified uses

A grant made under this subchapter may not be expended for more

than 75 percent of the cost of the identified uses, in the

aggregate, for which such grant is received to carry out section

3796aa-1 of this title, except that in the case of funds

distributed to an Indian tribe which performs law enforcement

functions (as determined by the Secretary of the Interior) for any

such program or project, the amount of such grant shall be equal to

100 percent of such cost. The non-Federal portion of the

expenditures for such uses shall be paid in cash.

(b) Administration

Not more than 10 percent of a grant made under this subchapter

may be used for costs incurred to administer such grant.

(c) Records

(1) Grant recipients (or private organizations with which grant

recipients have contracted to provide equipment or training using

grant funds) shall keep such records as the Director may require by

rule to facilitate such an audit..(!1)

(2) The Director and the Comptroller General of the United States

shall have access, for the purpose of audit and examination, to any

books, documents, and records of grant recipients (or private

organizations with which grant recipients have contracted to

provide equipment or training using grant funds) if, in the opinion

of the Director or the Comptroller General, such books, documents,

and records are related to the receipt or use of any such grant.

(d) Utilization of private sector

Nothing in this subchapter shall prohibit the utilization of any

grant funds to contract with a private organization to provide

equipment or training for the televising of testimony as

contemplated by the application submitted by an applicant.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1407, as added Pub. L. 101-647,

title II, Sec. 241(a)(2), Nov. 29, 1990, 104 Stat. 4813; amended

Pub. L. 103-322, title IV, Sec. 40156(c)(7), Sept. 13, 1994, 108

Stat. 1924.)

-MISC1-

AMENDMENTS

1994 - Subsec. (c)(1). Pub. L. 103-322, Sec. 40156(c)(7)(A)(i),

substituted "Grant recipients (or private organizations with which

grant recipients have contracted to provide equipment or training

using grant funds) shall keep such records as the Director may

require by rule to facilitate such an audit." for "Each State which

receives a grant under this chapter shall keep, and shall require

units of local government which receive any part of such grant to

keep, such records as the Director may require by rule to

facilitate an effective audit".

Subsec. (c)(2). Pub. L. 103-322, Sec. 40156(c)(7)(A)(ii),

substituted "grant recipients (or private organizations with which

grant recipients have contracted to provide equipment or training

using grant funds)" for "States which receive grants, and of units

of local government which receive any part of a grant made under

this subchapter".

Subsec. (d). Pub. L. 103-322, Sec. 40156(c)(7)(B), added subsec.

(d).

-TRANS-

TRANSFER OF FUNCTIONS

Effective Aug. 1, 2000, all functions of Director of Bureau of

Justice Assistance, other than those enumerated in section 3742(3)

to (6) of this title, transferred to Assistant Attorney General for

Office of Justice Programs, see section 1000(a)(1) [title I, Sec.

108(b)] of Pub. L. 106-113, set out as a note under section 3741 of

this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC Sec. 3796aa-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09B - GRANTS FOR CLOSED-CIRCUIT TELEVISING OF

TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE

-HEAD-

Sec. 3796aa-7. Repealed. Pub. L. 103-322, title IV, Sec.

40156(c)(8), Sept. 13, 1994, 108 Stat. 1924

-MISC1-

Section, Pub. L. 90-351, title I, Sec. 1408, as added Pub. L.

101-647, title II, Sec. 241(a)(2), Nov. 29, 1990, 104 Stat. 4813,

directed the chief executive of each participating State to

designate a State office for purposes of applying for and

administering funds under this subchapter.

-End-

-CITE-

42 USC Sec. 3796aa-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09B - GRANTS FOR CLOSED-CIRCUIT TELEVISING OF

TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE

-HEAD-

Sec. 3796aa-8. Definitions

-STATUTE-

For purposes of this subchapter -

(1) the term "child" means an individual under the age of 18

years; and

(2) the term "abuse" means physical or mental injury, sexual

abuse or exploitation, or negligent treatment of a child.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1409, as added Pub. L. 101-647,

title II, Sec. 241(a)(2), Nov. 29, 1990, 104 Stat. 4813.)

-End-

-CITE-

42 USC SUBCHAPTER XII-C - RURAL DRUG ENFORCEMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09C - RURAL DRUG ENFORCEMENT

-HEAD-

SUBCHAPTER XII-C - RURAL DRUG ENFORCEMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3782, 3783, 3793 of

this title.

-End-

-CITE-

42 USC Sec. 3796bb 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09C - RURAL DRUG ENFORCEMENT

-HEAD-

Sec. 3796bb. Rural drug enforcement assistance

-STATUTE-

(a) Of the total amount appropriated for this section in any

fiscal year:

(1) 50 percent shall be allocated to and shared equally among

rural States as described in subsection (b) of this section; and

(2) 50 percent shall be allocated to the remaining States for

use in nonmetropolitan areas within those States, as follows:

(A) $250,000 to each nonrural State; and

(B) of the total funds remaining after the allocation in

subparagraph (A), there shall be allocated to each State an

amount which bears the same ratio to the amount of remaining

funds described as the population of such State bears to the

population of all States.

(b) For the purpose of this section, the term "rural State" means

a State that has a population density of fifty-two or fewer persons

per square mile or a State in which the largest county has fewer

than one hundred and fifty thousand people, based on the decennial

census of 1990 through fiscal year 1997.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1501, as added Pub. L. 101-647,

title VIII, Sec. 801(a)(3), Nov. 29, 1990, 104 Stat. 4825; amended

Pub. L. 103-322, title XVIII, Sec. 180101(b), (c), Sept. 13, 1994,

108 Stat. 2045.)

-MISC1-

PRIOR PROVISIONS

A prior section 1501 of Pub. L. 90-351 was renumbered section

2601 and is classified to section 3797 of this title.

Another prior section 1501 of Pub. L. 90-351, title X, June 19,

1968, 82 Stat. 238, was not classified to the Code.

AMENDMENTS

1994 - Subsec. (a)(2)(A). Pub. L. 103-322, Sec. 180101(b),

substituted "$250,000" for "$100,000".

Subsec. (b). Pub. L. 103-322, Sec. 180101(c), inserted before

period at end ", based on the decennial census of 1990 through

fiscal year 1997".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13862, 13971 of this

title.

-End-

-CITE-

42 USC Sec. 3796bb-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09C - RURAL DRUG ENFORCEMENT

-HEAD-

Sec. 3796bb-1. Other requirements

-STATUTE-

Parts A and C of subchapter V of this chapter shall apply with

respect to funds appropriated to carry out this subchapter, in the

same manner as such parts apply to funds appropriated to carry out

subchapter V of this chapter, except that -

(1) section 3756(a) of this title shall not apply with respect

to this subchapter; and

(2) in addition to satisfying the requirements of section

3753(a) of this title, each application for a grant under this

subchapter shall include in its application a statement

specifying how such grant will be coordinated with a grant

received under section 3756 of this title for the same fiscal

year.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1502, as added Pub. L. 101-647,

title VIII, Sec. 801(a)(3), Nov. 29, 1990, 104 Stat. 4825.)

-End-

-CITE-

42 USC SUBCHAPTER XII-D - CRIMINAL CHILD SUPPORT

ENFORCEMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09D - CRIMINAL CHILD SUPPORT ENFORCEMENT

-HEAD-

SUBCHAPTER XII-D - CRIMINAL CHILD SUPPORT ENFORCEMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3793 of this title.

-End-

-CITE-

42 USC Sec. 3796cc 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09D - CRIMINAL CHILD SUPPORT ENFORCEMENT

-HEAD-

Sec. 3796cc. Grant authorization

-STATUTE-

(a) In general

The Director of the Bureau of Justice Assistance may make grants

under this subchapter to States, for the use by States, and local

entities in the States to develop, implement, and enforce criminal

interstate child support legislation and coordinate criminal

interstate child support enforcement efforts.

(b) Uses of funds

Funds distributed under this subchapter shall be used to -

(1) develop a comprehensive assessment of existing criminal

interstate child support enforcement efforts, including the

identification of gaps in, and barriers to, the enforcement of

such efforts;

(2) plan and implement comprehensive long-range strategies for

criminal interstate child support enforcement;

(3) reach an agreement within the State regarding the

priorities of such State in the enforcement of criminal

interstate child support legislation;

(4) develop a plan to implement such priorities; and

(5) coordinate criminal interstate child support enforcement

efforts.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1601, as added Pub. L. 102-521, Sec.

4(a)(3), Oct. 25, 1992, 106 Stat. 3404.)

-COD-

CODIFICATION

Another section 1601 of Pub. L. 90-351, title XI, June 19, 1968,

82 Stat. 239, is set out as a note under section 3711 of this

title.

-MISC1-

PRIOR PROVISIONS

A prior section 1601 of Pub. L. 90-351 was renumbered section

2601 and is classified to section 3797 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Effective Aug. 1, 2000, all functions of Director of Bureau of

Justice Assistance, other than those enumerated in section 3742(3)

to (6) of this title, transferred to Assistant Attorney General for

Office of Justice Programs, see section 1000(a)(1) [title I, 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 3796cc-2, 3796cc-3 of

this title.

-End-

-CITE-

42 USC Sec. 3796cc-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09D - CRIMINAL CHILD SUPPORT ENFORCEMENT

-HEAD-

Sec. 3796cc-1. State applications

-STATUTE-

(a) In general

(1) To request a grant under this subchapter, the chief executive

of a State shall submit an application to the Director in such form

and containing such information as the Director may reasonably

require.

(2) An application under paragraph (1) shall include assurances

that Federal funds received under this subchapter shall be used to

supplement, not supplant, non-Federal funds that would otherwise be

available for activities funded under this subchapter.

(b) State office

The office designated under section 3757 of this title -

(1) shall prepare the application required under this section;

and

(2) shall administer grant funds received under this

subchapter, including, review of spending, processing, progress,

financial reporting, technical assistance, grant adjustments,

accounting, auditing, and fund disbursement.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1602, as added Pub. L. 102-521, Sec.

4(a)(3), Oct. 25, 1992, 106 Stat. 3404.)

-TRANS-

TRANSFER OF FUNCTIONS

Effective Aug. 1, 2000, all functions of Director of Bureau of

Justice Assistance, other than those enumerated in section 3742(3)

to (6) of this title, transferred to Assistant Attorney General for

Office of Justice Programs, see section 1000(a)(1) [title I, 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 3796cc-2, 3796cc-3,

3796cc-4 of this title.

-End-

-CITE-

42 USC Sec. 3796cc-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09D - CRIMINAL CHILD SUPPORT ENFORCEMENT

-HEAD-

Sec. 3796cc-2. Review of State applications

-STATUTE-

(a) In general

The Bureau shall make a grant under section 3796cc(a) of this

title to carry out the projects described in the application

submitted by an applicant under section 3796cc-1 of this title upon

determining that -

(1) the application is consistent with the requirements of this

subchapter; and

(2) before the approval of the application, the Bureau has made

an affirmative finding in writing that the proposed project has

been reviewed in accordance with this subchapter.

(b) Approval

Each application submitted under section 3796cc-1 of this title

shall be considered approved, in whole or in part, by the Bureau

not later than 45 days after first received unless the Bureau

informs the applicant of specific reasons for disapproval.

(c) Disapproval notice and reconsideration

The Bureau shall not disapprove any application without first

affording the applicant reasonable notice and an opportunity for

reconsideration.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1603, as added Pub. L. 102-521, Sec.

4(a)(3), Oct. 25, 1992, 106 Stat. 3405.)

-End-

-CITE-

42 USC Sec. 3796cc-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09D - CRIMINAL CHILD SUPPORT ENFORCEMENT

-HEAD-

Sec. 3796cc-3. Local applications

-STATUTE-

(a) In general

(1) To request funds under this subchapter from a State, the

chief executive of a local entity shall submit an application to

the office designated under section 3796cc-1(b) of this title.

(2) An application under paragraph (1) shall be considered

approved, in whole or in part, by the State not later than 45 days

after such application is first received unless the State informs

the applicant in writing of specific reasons for disapproval.

(3) The State shall not disapprove any application submitted to

the State without first affording the applicant reasonable notice

and an opportunity for reconsideration.

(4) If an application under paragraph (1) is approved, the local

entity is eligible to receive funds under this subchapter.

(b) Distribution to local entities

A State that receives funds under section 3796cc of this title in

a fiscal year shall make such funds available to a local entity

with an approved application within 45 days after the Bureau has

approved the application submitted by the State and has made funds

available to the State. The Director may waive the 45-day

requirement in this section upon a finding that the State is unable

to satisfy the requirement of the preceding sentence under State

statutes.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1604, as added Pub. L. 102-521, Sec.

4(a)(3), Oct. 25, 1992, 106 Stat. 3405.)

-End-

-CITE-

42 USC Sec. 3796cc-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09D - CRIMINAL CHILD SUPPORT ENFORCEMENT

-HEAD-

Sec. 3796cc-4. Distribution of funds

-STATUTE-

The Federal share of a grant made under this subchapter may not

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

the application submitted under section 3796cc-1(a) of this title

for the fiscal year for which the project receives assistance under

this subchapter.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1605, as added Pub. L. 102-521, Sec.

4(a)(3), Oct. 25, 1992, 106 Stat. 3405.)

-End-

-CITE-

42 USC Sec. 3796cc-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09D - CRIMINAL CHILD SUPPORT ENFORCEMENT

-HEAD-

Sec. 3796cc-5. Evaluation

-STATUTE-

(a) In general

(1) Each State and local entity that receives a grant under this

subchapter shall submit to the Director an evaluation not later

than March 1 of each year in accordance with guidelines issued by

the Director and in consultation with the Director of the National

Institute of Justice.

(2) The Director may waive the requirement specified in

subsection (a) of this section if the Director determines that such

evaluation is not warranted in the case of the State or local

entity involved.

(b) Distribution

The Director shall make available to the public on a timely basis

evaluations received under subsection (a) of this section.

(c) Administrative costs

A State or local entity may use not more than 5 percent of the

funds it receives under this subchapter to develop an evaluation

program under this section.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1606, as added Pub. L. 102-521, Sec.

4(a)(3), Oct. 25, 1992, 106 Stat. 3405.)

-TRANS-

TRANSFER OF FUNCTIONS

Effective Aug. 1, 2000, all functions of Director of Bureau of

Justice Assistance, other than those enumerated in section 3742(3)

to (6) of this title, transferred to Assistant Attorney General for

Office of Justice Programs, see section 1000(a)(1) [title I, Sec.

108(b)] of Pub. L. 106-113, set out as a note under section 3741 of

this title.

-End-

-CITE-

42 USC Sec. 3796cc-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09D - CRIMINAL CHILD SUPPORT ENFORCEMENT

-HEAD-

Sec. 3796cc-6. "Local entity" defined

-STATUTE-

For purposes of this subchapter, the term "local entity" means a

child support enforcement agency, law enforcement agency,

prosecuting attorney, or unit of local government.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1607, as added Pub. L. 102-521, Sec.

4(a)(3), Oct. 25, 1992, 106 Stat. 3406.)

-End-

-CITE-

42 USC SUBCHAPTER XII-E - PUBLIC SAFETY AND COMMUNITY

POLICING; ``COPS ON THE BEAT'' 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09E - PUBLIC SAFETY AND COMMUNITY POLICING; ``COPS ON

THE BEAT''

-HEAD-

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

THE BEAT"

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3793, 14601 of this

title.

-End-

-CITE-

42 USC Sec. 3796dd 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09E - PUBLIC SAFETY AND COMMUNITY POLICING; ``COPS ON

THE BEAT''

-HEAD-

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

grants

-STATUTE-

(a) Grant authorization

The Attorney General may make grants to States, units of local

government, Indian tribal governments, other public and private

entities, and multi-jurisdictional or regional consortia thereof to

increase police presence, to expand and improve cooperative efforts

between law enforcement agencies and members of the community to

address crime and disorder problems, and otherwise to enhance

public safety.

(b) Rehiring, hiring, and initial redeployment grant projects

(1) In general

Grants made under subsection (a) of this section may be used

for programs, projects, and other activities to -

(A) rehire law enforcement officers who have been laid off as

a result of State and local budget reductions for deployment in

community-oriented policing;

(B) hire and train new, additional career law enforcement

officers for deployment in community-oriented policing across

the Nation; and

(C) procure equipment, technology, or support systems, or pay

overtime, if the applicant for such a grant demonstrates to the

satisfaction of the Attorney General that expenditures for such

purposes would result in an increase in the number of officers

deployed in community-oriented policing equal to or greater

than the increase in the number of officers that would result

from a grant for a like amount for the purposes specified in

subparagraph (A) or (B).

(2) Grants for equipment, technology, and support systems

Grants pursuant to paragraph (1)(C) -

(A) may not exceed 20 percent of the funds available for

grants pursuant to this subsection in any fiscal year.(!1)

(B) may not be awarded in fiscal years (!2) 1998, 1999, or

2000 unless the Attorney General has certified that grants

awarded in fiscal years 1995, 1996, and 1997 pursuant to

subparagraph (!3) (1)(C) have resulted in an increase in the

number of officers deployed in community-oriented policing

equal to or greater than the increase in the number of officers

that have resulted from the grants in like amounts awarded in

fiscal years 1995, 1996, and 1997 pursuant to paragraph (1)(A)

and (B).

(c) Troops-to-cops programs

(1) In general

Grants made under subsection (a) of this section may be used to

hire former members of the Armed Forces to serve as career law

enforcement officers for deployment in community-oriented

policing, particularly in communities that are adversely affected

by a recent military base closing.

(2) "Former member of the Armed Forces" defined

In this subsection, "former member of the Armed Forces" means a

member of the Armed Forces of the United States who is

involuntarily separated from the Armed Forces within the meaning

of section 1141 of title 10.

(d) Additional grant projects

Grants made under subsection (a) of this section may include

programs, projects, and other activities to -

(1) increase the number of law enforcement officers involved in

activities that are focused on interaction with members of the

community on proactive crime control and prevention by

redeploying officers to such activities;

(2) provide specialized training to law enforcement officers to

enhance their conflict resolution, mediation, problem solving,

service, and other skills needed to work in partnership with

members of the community;

(3) increase police participation in multidisciplinary early

intervention teams;

(4) develop new technologies to assist State and local law

enforcement agencies in reorienting the emphasis of their

activities from reacting to crime to preventing crime;

(5) develop and implement innovative programs to permit members

of the community to assist State and local law enforcement

agencies in the prevention of crime in the community, such as a

citizens' police academy, including programs designed to increase

the level of access to the criminal justice system enjoyed by

victims, witnesses, and ordinary citizens by establishing

decentralized satellite offices (including video facilities) of

principal criminal courts buildings;

(6) establish innovative programs to reduce, and keep to a

minimum, the amount of time that law enforcement officers must be

away from the community while awaiting court appearances;

(7) establish and implement innovative programs to increase and

enhance proactive crime control and prevention programs involving

law enforcement officers and young persons in the community;

(8) establish school-based partnerships between local law

enforcement agencies and local school systems by using school

resource officers who operate in and around elementary and

secondary schools to combat school-related crime and disorder

problems, gangs, and drug activities;

(9) develop and establish new administrative and managerial

systems to facilitate the adoption of community-oriented policing

as an organization-wide philosophy;

(10) establish, implement, and coordinate crime prevention and

control programs (involving law enforcement officers working with

community members) with other Federal programs that serve the

community and community members to better address the

comprehensive needs of the community and its members; and

(11) support the purchase by a law enforcement agency of no

more than 1 service weapon per officer, upon hiring for

deployment in community-oriented policing or, if necessary, upon

existing officers' initial redeployment to community-oriented

policing.

(e) Preferential consideration of applications for certain grants

In awarding grants under this subchapter, the Attorney General

may give preferential consideration, where feasible, to

applications for hiring and rehiring additional career law

enforcement officers that involve a non-Federal contribution

exceeding the 25 percent minimum under subsection (i) of this

section.

(f) Technical assistance

(1) In general

The Attorney General may provide technical assistance to

States, units of local government, Indian tribal governments, and

to other public and private entities, in furtherance of the

purposes of the Public Safety Partnership and Community Policing

Act of 1994.

(2) Model

The technical assistance provided by the Attorney General may

include the development of a flexible model that will define for

State and local governments, and other public and private

entities, definitions and strategies associated with community or

problem-oriented policing and methodologies for its

implementation.

(3) Training centers and facilities

The technical assistance provided by the Attorney General may

include the establishment and operation of training centers or

facilities, either directly or by contracting or cooperative

arrangements. The functions of the centers or facilities

established under this paragraph may include instruction and

seminars for police executives, managers, trainers, supervisors,

and such others as the Attorney General considers to be

appropriate concerning community or problem-oriented policing and

improvements in police-community interaction and cooperation that

further the purposes of the Public Safety Partnership and

Community Policing Act of 1994.

(g) Utilization of components

The Attorney General may utilize any component or components of

the Department of Justice in carrying out this subchapter.

(h) Minimum amount

Unless all applications submitted by any State and grantee within

the State pursuant to subsection (a) of this section have been

funded, each qualifying State, together with grantees within the

State, shall receive in each fiscal year pursuant to subsection (a)

of this section not less than 0.5 percent of the total amount

appropriated in the fiscal year for grants pursuant to that

subsection. In this subsection, "qualifying State" means any State

which has submitted an application for a grant, or in which an

eligible entity has submitted an application for a grant, which

meets the requirements prescribed by the Attorney General and the

conditions set out in this subchapter.

(i) Matching funds

The portion of the costs of a program, project, or activity

provided by a grant under subsection (a) of this section may not

exceed 75 percent, unless the Attorney General waives, wholly or in

part, the requirement under this subsection of a non-Federal

contribution to the costs of a program, project, or activity. In

relation to a grant for a period exceeding 1 year for hiring or

rehiring career law enforcement officers, the Federal share shall

decrease from year to year for up to 5 years, looking toward the

continuation of the increased hiring level using State or local

sources of funding following the conclusion of Federal support, as

provided in an approved plan pursuant to section 3796dd-1(c)(8) of

this title.

(j) Allocation of funds

The funds available under this subchapter shall be allocated as

provided in section 3793(a)(11)(B) of this title.

(k) Termination of grants for hiring officers

The authority under subsection (a) of this section to make grants

for the hiring and rehiring of additional career law enforcement

officers shall lapse at the conclusion of 6 years from September

13, 1994. Prior to the expiration of this grant authority, the

Attorney General shall submit a report to Congress concerning the

experience with and effects of such grants. The report may include

any recommendations the Attorney General may have for amendments to

this subchapter and related provisions of law in light of the

termination of the authority to make grants for the hiring and

rehiring of additional career law enforcement officers.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1701, as added Pub. L. 103-322,

title I, Sec. 10003(a)(3), Sept. 13, 1994, 108 Stat. 1808; amended

Pub. L. 105-119, title I, Sec. 119, Nov. 26, 1997, 111 Stat. 2468;

Pub. L. 105-302, Sec. 1(1), Oct. 27, 1998, 112 Stat. 2841.)

-REFTEXT-

REFERENCES IN TEXT

The Public Safety Partnership and Community Policing Act of 1994,

referred to in subsec. (f)(1), (3), is title I of Pub. L. 103-322,

Sept. 13, 1994, 108 Stat. 1807, which is classified principally to

this subchapter. For complete classification of this Act to the

Code, see Short Title of 1994 Amendment note set out under section

3711 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 1701 of Pub. L. 90-351 was renumbered section

2601 and is classified to section 3797 of this title.

AMENDMENTS

1998 - Subsec. (d)(8) to (11). Pub. L. 105-302 added par. (8) and

redesignated former pars. (8) to (10) as (9) to (11), respectively.

1997 - Subsec. (b)(2)(A). Pub. L. 105-119 amended subpar. (A)

generally. Prior to amendment, subpar. (A) read as follows: "may

not exceed -

"(i) 20 percent of the funds available for grants pursuant to

this subsection in fiscal year 1995;

"(ii) 20 percent of the funds available for grants pursuant to

this subsection in fiscal year 1996; or

"(iii) 10 percent of the funds available for grants pursuant to

this subsection in fiscal years 1997, 1998, 1999, and 2000; and".

PURPOSES OF 1994 AMENDMENTS

Section 10002 of title I of Pub. L. 103-322 provided that: "The

purposes of this title [see Short Title of 1994 Amendment note set

out under section 3711 of this title] are to -

"(1) substantially increase the number of law enforcement

officers interacting directly with members of the community

('cops on the beat');

"(2) provide additional and more effective training to law

enforcement officers to enhance their problem solving, service,

and other skills needed in interacting with members of the

community;

"(3) encourage the development and implementation of innovative

programs to permit members of the community to assist State,

Indian tribal government, and local law enforcement agencies in

the prevention of crime in the community; and

"(4) encourage the development of new technologies to assist

State, Indian tribal government, and local law enforcement

agencies in reorienting the emphasis of their activities from

reacting to crime to preventing crime,

by establishing a program of grants and assistance in furtherance

of these objectives, including the authorization for a period of 6

years of grants for the hiring and rehiring of additional career

law enforcement officers."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3793, 3796dd-1 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "year; and".

(!2) So in original. Probably should be "year".

(!3) So in original. Probably should be "paragraph".

-End-

-CITE-

42 USC Sec. 3796dd-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09E - PUBLIC SAFETY AND COMMUNITY POLICING; ``COPS ON

THE BEAT''

-HEAD-

Sec. 3796dd-1. Applications

-STATUTE-

(a) In general

No grant may be made under this subchapter unless an application

has been submitted to, and approved by, the Attorney General.

(b) Application

An application for a grant under this subchapter shall be

submitted in such form, and contain such information, as the

Attorney General may prescribe by regulation or guidelines.

(c) Contents

In accordance with the regulations or guidelines established by

the Attorney General, each application for a grant under this

subchapter shall -

(1) include a long-term strategy and detailed implementation

plan that reflects consultation with community groups and

appropriate private and public agencies and reflects

consideration of the statewide strategy under section 3753(a)(1)

of this title;

(2) demonstrate a specific public safety need;

(3) explain the applicant's inability to address the need

without Federal assistance;

(4) identify related governmental and community initiatives

which complement or will be coordinated with the proposal;

(5) certify that there has been appropriate coordination with

all affected agencies;

(6) outline the initial and ongoing level of community support

for implementing the proposal including financial and in-kind

contributions or other tangible commitments;

(7) specify plans for obtaining necessary support and

continuing the proposed program, project, or activity following

the conclusion of Federal support;

(8) if the application is for a grant for hiring or rehiring

additional career law enforcement officers, specify plans for the

assumption by the applicant of a progressively larger share of

the cost in the course of time, looking toward the continuation

of the increased hiring level using State or local sources of

funding following the conclusion of Federal support;

(9) assess the impact, if any, of the increase in police

resources on other components of the criminal justice system;

(10) explain how the grant will be utilized to reorient the

affected law enforcement agency's mission toward

community-oriented policing or enhance its involvement in or

commitment to community-oriented policing; and

(11) provide assurances that the applicant will, to the extent

practicable, seek, recruit, and hire members of racial and ethnic

minority groups and women in order to increase their ranks within

the sworn positions in the law enforcement agency.

(d) Special provisions

(1) Small jurisdictions

Notwithstanding any other provision of this subchapter, in

relation to applications under this subchapter of units of local

government or law enforcement agencies having jurisdiction over

areas with populations of less than 50,000, the Attorney General

may waive 1 or more of the requirements of subsection (c) of this

section and may otherwise make special provisions to facilitate

the expedited submission, processing, and approval of such

applications.

(2) Small grant amount

Notwithstanding any other provision of this subchapter, in

relation to applications under section 3796dd(d) of this title

for grants of less than $1,000,000, the Attorney General may

waive 1 or more of the requirements of subsection (c) of this

section and may otherwise make special provisions to facilitate

the expedited submission, processing, and approval of such

applications.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1702, as added Pub. L. 103-322,

title I, Sec. 10003(a)(3), Sept. 13, 1994, 108 Stat. 1811.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3796dd, 3796dd-5 of this

title.

-End-

-CITE-

42 USC Sec. 3796dd-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09E - PUBLIC SAFETY AND COMMUNITY POLICING; ``COPS ON

THE BEAT''

-HEAD-

Sec. 3796dd-2. Renewal of grants

-STATUTE-

(a) In general

Except for grants made for hiring or rehiring additional career

law enforcement officers, a grant under this subchapter may be

renewed for up to 2 additional years after the first fiscal year

during which a recipient receives its initial grant, if the

Attorney General determines that the funds made available to the

recipient were used in a manner required under an approved

application and if the recipient can demonstrate significant

progress in achieving the objectives of the initial application.

(b) Grants for hiring

Grants made for hiring or rehiring additional career law

enforcement officers may be renewed for up to 5 years, subject to

the requirements of subsection (a) of this section, but

notwithstanding the limitation in that subsection concerning the

number of years for which grants may be renewed.

(c) Multiyear grants

A grant for a period exceeding 1 year may be renewed as provided

in this section, except that the total duration of such a grant

including any renewals may not exceed 3 years, or 5 years if it is

a grant made for hiring or rehiring additional career law

enforcement officers.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1703, as added Pub. L. 103-322,

title I, Sec. 10003(a)(3), Sept. 13, 1994, 108 Stat. 1812.)

-End-

-CITE-

42 USC Sec. 3796dd-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09E - PUBLIC SAFETY AND COMMUNITY POLICING; ``COPS ON

THE BEAT''

-HEAD-

Sec. 3796dd-3. Limitation on use of funds

-STATUTE-

(a) Nonsupplanting requirement

Funds made available under this subchapter to States or units of

local government shall not be used to supplant State or local

funds, or, in the case of Indian tribal governments, funds supplied

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

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

received under this subchapter, be made available from State or

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

funds supplied by the Bureau of Indian Affairs.

(b) Non-Federal costs

(1) In general

States and units of local government may use assets received

through the Assets Forfeiture equitable sharing program to

provide the non-Federal share of the cost of programs, projects,

and activities funded under this subchapter.

(2) Indian tribal governments

Funds appropriated by the Congress for the activities of any

agency of an Indian tribal government or the Bureau of Indian

Affairs performing law enforcement functions on any Indian lands

may be used to provide the non-Federal share of the cost of

programs or projects funded under this subchapter.

(c) Hiring costs

Funding provided under this subchapter for hiring or rehiring a

career law enforcement officer may not exceed $75,000, unless the

Attorney General grants a waiver from this limitation.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1704, as added Pub. L. 103-322,

title I, Sec. 10003(a)(3), Sept. 13, 1994, 108 Stat. 1812.)

-End-

-CITE-

42 USC Sec. 3796dd-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09E - PUBLIC SAFETY AND COMMUNITY POLICING; ``COPS ON

THE BEAT''

-HEAD-

Sec. 3796dd-4. Performance evaluation

-STATUTE-

(a) Monitoring components

Each program, project, or activity funded under this subchapter

shall contain a monitoring component, developed pursuant to

guidelines established by the Attorney General. The monitoring

required by this subsection shall include systematic identification

and collection of data about activities, accomplishments, and

programs throughout the life of the program, project, or activity

and presentation of such data in a usable form.

(b) Evaluation components

Selected grant recipients shall be evaluated on the local level

or as part of a national evaluation, pursuant to guidelines

established by the Attorney General. Such evaluations may include

assessments of individual program implementations. In selected

jurisdictions that are able to support outcome evaluations, the

effectiveness of funded programs, projects, and activities may be

required. Outcome measures may include crime and victimization

indicators, quality of life measures, community perceptions, and

police perceptions of their own work.

(c) Periodic review and reports

The Attorney General may require a grant recipient to submit to

the Attorney General the results of the monitoring and evaluations

required under subsections (a) and (b) of this section and such

other data and information as the Attorney General deems reasonably

necessary.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1705, as added Pub. L. 103-322,

title I, Sec. 10003(a)(3), Sept. 13, 1994, 108 Stat. 1813.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3796dd-5 of this title.

-End-

-CITE-

42 USC Sec. 3796dd-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09E - PUBLIC SAFETY AND COMMUNITY POLICING; ``COPS ON

THE BEAT''

-HEAD-

Sec. 3796dd-5. Revocation or suspension of funding

-STATUTE-

If the Attorney General determines, as a result of the reviews

required by section 3796dd-4 of this title, or otherwise, that a

grant recipient under this subchapter is not in substantial

compliance with the terms and requirements of an approved grant

application submitted under section 3796dd-1 of this title, the

Attorney General may revoke or suspend funding of that grant, in

whole or in part.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1706, as added Pub. L. 103-322,

title I, Sec. 10003(a)(3), Sept. 13, 1994, 108 Stat. 1813.)

-End-

-CITE-

42 USC Sec. 3796dd-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09E - PUBLIC SAFETY AND COMMUNITY POLICING; ``COPS ON

THE BEAT''

-HEAD-

Sec. 3796dd-6. Access to documents

-STATUTE-

(a) By Attorney General

The Attorney General shall have access for the purpose of audit

and examination to any pertinent books, documents, papers, or

records of a grant recipient under this subchapter and to the

pertinent books, documents, papers, or records of State and local

governments, persons, businesses, and other entities that are

involved in programs, projects, or activities for which assistance

is provided under this subchapter.

(b) By Comptroller General

Subsection (a) of this section shall apply with respect to audits

and examinations conducted by the Comptroller General of the United

States or by an authorized representative of the Comptroller

General.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1707, as added Pub. L. 103-322,

title I, Sec. 10003(a)(3), Sept. 13, 1994, 108 Stat. 1813.)

-End-

-CITE-

42 USC Sec. 3796dd-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09E - PUBLIC SAFETY AND COMMUNITY POLICING; ``COPS ON

THE BEAT''

-HEAD-

Sec. 3796dd-7. General regulatory authority

-STATUTE-

The Attorney General may promulgate regulations and guidelines to

carry out this subchapter.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1708, as added Pub. L. 103-322,

title I, Sec. 10003(a)(3), Sept. 13, 1994, 108 Stat. 1813.)

-End-

-CITE-

42 USC Sec. 3796dd-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09E - PUBLIC SAFETY AND COMMUNITY POLICING; ``COPS ON

THE BEAT''

-HEAD-

Sec. 3796dd-8. Definitions

-STATUTE-

In this subchapter -

(1) "career law enforcement officer" means a person hired on a

permanent basis who is authorized by law or by a State or local

public agency to engage in or supervise the prevention,

detection, or investigation of violations of criminal laws.

(2) "citizens' police academy" means a program by local law

enforcement agencies or private nonprofit organizations in which

citizens, especially those who participate in neighborhood watch

programs, are trained in ways of facilitating communication

between the community and local law enforcement in the prevention

of crime.

(3) "Indian tribe" means a tribe, band, pueblo, nation, or

other organized group or community of Indians, including an

Alaska Native village (as defined in or established under the

Alaska Native Claims Settlement Act (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.

(4) "school resource officer" means a career law enforcement

officer, with sworn authority, deployed in community-oriented

policing, and assigned by the employing police department or

agency to work in collaboration with schools and community-based

organizations -

(A) to address crime and disorder problems, gangs, and drug

activities affecting or occurring in or around an elementary or

secondary school;

(B) to develop or expand crime prevention efforts for

students;

(C) to educate likely school-age victims in crime prevention

and safety;

(D) to develop or expand community justice initiatives for

students;

(E) to train students in conflict resolution, restorative

justice, and crime awareness;

(F) to assist in the identification of physical changes in

the environment that may reduce crime in or around the school;

and

(G) to assist in developing school policy that addresses

crime and to recommend procedural changes.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1709, as added Pub. L. 103-322,

title I, Sec. 10003(a)(3), Sept. 13, 1994, 108 Stat. 1813; amended

Pub. L. 105-302, Sec. 1(2), Oct. 27, 1998, 112 Stat. 2841.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in par. (3),

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.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-302 designated first three undesignated

paragraphs as pars. (1) to (3), respectively, and added par. (4).

-End-

-CITE-

42 USC SUBCHAPTER XII-F - JUVENILE ACCOUNTABILITY BLOCK

GRANTS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09F - JUVENILE ACCOUNTABILITY BLOCK GRANTS

-HEAD-

SUBCHAPTER XII-F - JUVENILE ACCOUNTABILITY BLOCK GRANTS

-COD-

CODIFICATION

Part R of title I of the Omnibus Crime Control and Safe Streets

Act of 1968, comprising this subchapter, was originally added to

Pub. L. 90-351, title I, by Pub. L. 103-322, title II, Sec.

20201(a)(3), Sept. 13, 1994, 108 Stat. 1819, and amended by Pub. L.

105-277, Oct. 21, 1998, 112 Stat. 2681. Part R is shown herein,

however, as having been added by Pub. L. 107-273, div. C, title II,

Sec. 12102(a), Nov. 2, 2002, 116 Stat. 1859, without reference to

those intervening amendments because of the extensive revision of

the Part R by Pub. L. 107-273.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3793 of this title.

-End-

-CITE-

42 USC Sec. 3796ee 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09F - JUVENILE ACCOUNTABILITY BLOCK GRANTS

-HEAD-

Sec. 3796ee. Program authorized

-STATUTE-

(a) In general

The Attorney General is authorized to provide grants to States,

for use by States and units of local government, and in certain

cases directly to specially qualified units.

(b) Authorized activities

Amounts paid to a State or a unit of local government under this

subchapter shall be used by the State or unit of local government

for the purpose of strengthening the juvenile justice system, which

includes -

(1) developing, implementing, and administering graduated

sanctions for juvenile offenders;

(2) building, expanding, renovating, or operating temporary or

permanent juvenile correction, detention, or community

corrections facilities;

(3) hiring juvenile court judges, probation officers, and

court-appointed defenders and special advocates, and funding

pretrial services (including mental health screening and

assessment) for juvenile offenders, to promote the effective and

expeditious administration of the juvenile justice system;

(4) hiring additional prosecutors, so that more cases involving

violent juvenile offenders can be prosecuted and case backlogs

reduced;

(5) providing funding to enable prosecutors to address drug,

gang, and youth violence problems more effectively and for

technology, equipment, and training to assist prosecutors in

identifying and expediting the prosecution of violent juvenile

offenders;

(6) establishing and maintaining training programs for law

enforcement and other court personnel with respect to preventing

and controlling juvenile crime;

(7) establishing juvenile gun courts for the prosecution and

adjudication of juvenile firearms offenders;

(8) establishing drug court programs for juvenile offenders

that provide continuing judicial supervision over juvenile

offenders with substance abuse problems and the integrated

administration of other sanctions and services for such

offenders;

(9) establishing and maintaining a system of juvenile records

designed to promote public safety;

(10) establishing and maintaining interagency

information-sharing programs that enable the juvenile and

criminal justice systems, schools, and social services agencies

to make more informed decisions regarding the early

identification, control, supervision, and treatment of juveniles

who repeatedly commit serious delinquent or criminal acts;

(11) establishing and maintaining accountability-based programs

designed to reduce recidivism among juveniles who are referred by

law enforcement personnel or agencies;

(12) establishing and maintaining programs to conduct risk and

need assessments of juvenile offenders that facilitate the

effective early intervention and the provision of comprehensive

services, including mental health screening and treatment and

substance abuse testing and treatment to such offenders;

(13) establishing and maintaining accountability-based programs

that are designed to enhance school safety;

(14) establishing and maintaining restorative justice programs;

(15) establishing and maintaining programs to enable juvenile

courts and juvenile probation officers to be more effective and

efficient in holding juvenile offenders accountable and reducing

recidivism; or

(16) hiring detention and corrections personnel, and

establishing and maintaining training programs for such personnel

to improve facility practices and programming.

(c) Definition

In this section the term "restorative justice program" means a

program that emphasizes the moral accountability of an offender

toward the victim and the affected community and may include

community reparations boards, restitution (in the form of monetary

payment or service to the victim or, where no victim can be

identified, service to the affected community), and mediation

between victim and offender.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1801, as added Pub. L. 107-273, div.

C, title II, Sec. 12102(a), Nov. 2, 2002, 116 Stat. 1859.)

-MISC1-

PRIOR PROVISIONS

A prior section 3796ee, Pub. L. 90-351, title I, Sec. 1801, as

added Pub. L. 103-322, title II, Sec. 20201(a)(3), Sept. 13, 1994,

108 Stat. 1819; amended Pub. L. 105-277, div. A, Sec. 101(f) [title

VIII, Sec. 405(d)(34), (f)(26)], Oct. 21, 1998, 112 Stat. 2681-337,

2681-426, 2681-433, authorized grants for the purpose of developing

alternative methods of punishment for young offenders, prior to the

general amendment of this subchapter by Pub. L. 107-273.

A prior section 1801 of Pub. L. 90-351 was renumbered section

2601 and is classified to section 3797 of this title.

EFFECTIVE DATE

Pub. L. 107-273, div. C, title II, Sec. 12102(b), Nov. 2, 2002,

116 Stat. 1869, provided that: "The amendments made by subsection

(a) [enacting this subchapter] shall take effect on the first day

of the first fiscal year that begins after the date of enactment of

this Act [Nov. 2, 2002]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3796ee-3, 3796ee-6,

3796ee-9 of this title.

-End-

-CITE-

42 USC Sec. 3796ee-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09F - JUVENILE ACCOUNTABILITY BLOCK GRANTS

-HEAD-

Sec. 3796ee-1. Tribal grant program authorized

-STATUTE-

(a) In general

From the amount reserved under section 3796ee-10(b) of this

title, the Attorney General shall make grants to Indian tribes for

programs to strengthen tribal juvenile justice systems and to hold

tribal youth accountable.

(b) Eligibility

Indian tribes, as defined by section 479a of title 25, or a

consortia of such tribes, shall submit to the Attorney General an

application in such form and containing such information as the

Attorney General may require. Only tribes that carry out tribal

juvenile justice functions shall be eligible to receive a grant

under this section.

(c) Awards

The Attorney General shall award grants under this section on a

competitive basis.

(d) Guidelines

The Attorney General shall issue guidelines establishing

application, use, and award criteria and processes consistent with

the purposes and requirements of this Act.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1801A, as added Pub. L. 107-273,

div. C, title II, Sec. 12102(a), Nov. 2, 2002, 116 Stat. 1861.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (d), is Pub. L. 90-351, June 19,

1968, 82 Stat. 197, as amended, known as the Omnibus Crime Control

and Safe Streets Act of 1968. For complete classification of this

Act to the Code, see Short Title note set out under section 3711 of

this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 3796ee-1, Pub. L. 90-351, title I, Sec. 1802, as

added Pub. L. 103-322, title II, Sec. 20201(a)(3), Sept. 13, 1994,

108 Stat. 1820, related to State applications for grants, prior to

the general amendment of this subchapter by Pub. L. 107-273.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3796ee-10 of this title.

-End-

-CITE-

42 USC Sec. 3796ee-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09F - JUVENILE ACCOUNTABILITY BLOCK GRANTS

-HEAD-

Sec. 3796ee-2. Grant eligibility

-STATUTE-

(a) State eligibility

To be eligible to receive a grant under this subchapter, a State

shall submit to the Attorney General an application at such time,

in such form, and containing such assurances and information as the

Attorney General may require by guidelines, including -

(1) information about -

(A) the activities proposed to be carried out with such

grant; and

(B) the criteria by which the State proposes to assess the

effectiveness of such activities on achieving the purposes of

this subchapter; and

(2) assurances that the State and any unit of local government

to which the State provides funding under section 3796ee-3(b) of

this title, has in effect (or shall have in effect, not later

than 1 year after the date that the State submits such

application) laws, or has implemented (or shall implement, not

later than 1 year after the date that the State submits such

application) policies and programs, that provide for a system of

graduated sanctions described in subsection (d) of this section.

(b) Local eligibility

(1) Subgrant eligibility

To be eligible to receive a subgrant, a unit of local

government, other than a specially qualified unit, shall provide

to the State -

(A) information about -

(i) the activities proposed to be carried out with such

subgrant; and

(ii) the criteria by which the unit proposes to assess the

effectiveness of such activities on achieving the purposes of

this subchapter; and

(B) such assurances as the State shall require, that, to the

maximum extent applicable, the unit of local government has in

effect (or shall have in effect, not later than 1 year after

the date that the unit submits such application) laws, or has

implemented (or shall implement, not later than 1 year after

the date that the unit submits such application) policies and

programs, that provide for a system of graduated sanctions

described in subsection (d) of this section.

(2) Special rule

The requirements of paragraph (1) shall apply to a specially

qualified unit that receives funds from the Attorney General

under section 3796ee-3(e) of this title, except that information

that is otherwise required to be submitted to the State shall be

submitted to the Attorney General.

(c) Role of courts

In the development of the grant application, the States and units

of local governments shall take into consideration the needs of the

judicial branch in strengthening the juvenile justice system and

specifically seek the advice of the chief of the highest court of

the State and where appropriate, the chief judge of the local

court, with respect to the application.

(d) Graduated sanctions

A system of graduated sanctions, which may be discretionary as

provided in subsection (e) of this section, shall ensure, at a

minimum, that -

(1) sanctions are imposed on a juvenile offender for each

delinquent offense;

(2) sanctions escalate in intensity with each subsequent, more

serious delinquent offense;

(3) there is sufficient flexibility to allow for individualized

sanctions and services suited to the individual juvenile

offender; and

(4) appropriate consideration is given to public safety and

victims of crime.

(e) Discretionary use of sanctions

(1) Voluntary participation

A State or unit of local government may be eligible to receive

a grant under this subchapter if -

(A) its system of graduated sanctions is discretionary; and

(B) it demonstrates that it has promoted the use of a system

of graduated sanctions by taking steps to encourage

implementation of such a system by juvenile courts.

(2) Reporting requirement if graduated sanctions not used

(A) Juvenile courts

A State or unit of local government in which the imposition

of graduated sanctions is discretionary shall require each

juvenile court within its jurisdiction -

(i) which has not implemented a system of graduated

sanctions, to submit an annual report that explains why such

court did not implement graduated sanctions; and

(ii) which has implemented a system of graduated sanctions

but has not imposed graduated sanctions in all cases, to

submit an annual report that explains why such court did not

impose graduated sanctions in all cases.

(B) Units of local government

Each unit of local government, other than a specially

qualified unit, that has 1 or more juvenile courts that use a

discretionary system of graduated sanctions shall collect the

information reported under subparagraph (A) for submission to

the State each year.

(C) States

Each State and specially qualified unit that has 1 or more

juvenile courts that use a discretionary system of graduated

sanctions shall collect the information reported under

subparagraph (A) for submission to the Attorney General each

year. A State shall also collect and submit to the Attorney

General the information collected under subparagraph (B).

(f) Definitions

In this section:

(1) Discretionary

The term "discretionary" means that a system of graduated

sanctions is not required to be imposed by each and every

juvenile court in a State or unit of local government.

(2) Sanctions

The term "sanctions" means tangible, proportional consequences

that hold the juvenile offender accountable for the offense

committed. A sanction may include counseling, restitution,

community service, a fine, supervised probation, or confinement.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1802, as added Pub. L. 107-273, div.

C, title II, Sec. 12102(a), Nov. 2, 2002, 116 Stat. 1861.)

-MISC1-

PRIOR PROVISIONS

A prior section 3796ee-2, Pub. L. 90-351, title I, Sec. 1803, as

added Pub. L. 103-322, title II, Sec. 20201(a)(3), Sept. 13, 1994,

108 Stat. 1820, related to review of State applications, prior to

the general amendment of this subchapter by Pub. L. 107-273.

A prior section 1802 of Pub. L. 90-351 was classified to section

3796ee-1 of this title prior to the general amendment of this

subchapter by Pub. L. 107-273.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3796ee-3 of this title.

-End-

-CITE-

42 USC Sec. 3796ee-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09F - JUVENILE ACCOUNTABILITY BLOCK GRANTS

-HEAD-

Sec. 3796ee-3. Allocation and distribution of funds

-STATUTE-

(a) State allocation

(1) In general

In accordance with regulations promulgated pursuant to this

subchapter and except as provided in paragraph (3), the Attorney

General shall allocate -

(A) 0.50 percent for each State; and

(B) of the total funds remaining after the allocation under

subparagraph (A), to each State, an amount which bears the same

ratio to the amount of remaining funds described in this

subparagraph as the population of people under the age of 18

living in such State for the most recent calendar year in which

such data is available bears to the population of people under

the age of 18 of all the States for such fiscal year.

(2) Prohibition

No funds allocated to a State under this subsection or received

by a State for distribution under subsection (b) of this section

may be distributed by the Attorney General or by the State

involved for any program other than a program contained in an

approved application.

(b) Local distribution

(1) In general

Except as provided in paragraph (2), each State which receives

funds under subsection (a)(1) of this section in a fiscal year

shall distribute among units of local government, for the

purposes specified in section 3796ee of this title, not less than

75 percent of such amounts received.

(2) Waiver

If a State submits to the Attorney General an application for

waiver that demonstrates and certifies to the Attorney General

that -

(A) the State's juvenile justice expenditures in the fiscal

year preceding the date in which an application is submitted

under this subchapter (the "State percentage") is more than 25

percent of the aggregate amount of juvenile justice

expenditures by the State and its eligible units of local

government; and

(B) the State has consulted with as many units of local

government in such State, or organizations representing such

units, as practicable regarding the State's calculation of

expenditures under subparagraph (A), the State's application

for waiver under this paragraph, and the State's proposed uses

of funds.

(3) Allocation

In making the distribution under paragraph (1), the State shall

allocate to such units of local government an amount which bears

the same ratio to the aggregate amount of such funds as -

(A) the sum of -

(i) the product of -

(I) three-quarters; multiplied by

(II) the average juvenile justice expenditure for such

unit of local government for the 3 most recent calendar

years for which such data is available; plus

(ii) the product of -

(I) one-quarter; multiplied by

(II) the average annual number of part 1 violent crimes

in such unit of local government for the 3 most recent

calendar years for which such data is available, bears to -

(B) the sum of the products determined under subparagraph (A)

for all such units of local government in the State.

(4) Expenditures

The allocation any unit of local government shall receive under

paragraph (3) for a payment period shall not exceed 100 percent

of juvenile justice expenditures of the unit for such payment

period.

(5) Reallocation

The amount of any unit of local government's allocation that is

not available to such unit by operation of paragraph (4) shall be

available to other units of local government that are not

affected by such operation in accordance with this subsection.

(c) Unavailability of data for units of local government

If the State has reason to believe that the reported rate of part

1 violent crimes or juvenile justice expenditures for a unit of

local government is insufficient or inaccurate, the State shall -

(1) investigate the methodology used by the unit to determine

the accuracy of the submitted data; and

(2) if necessary, use the best available comparable data

regarding the number of violent crimes or juvenile justice

expenditures for the relevant years for the unit of local

government.

(d) Local government with allocations less than $10,000

If under this section a unit of local government is allocated

less than $10,000 for a payment period, the amount allotted shall

be expended by the State on services to units of local government

whose allotment is less than such amount in a manner consistent

with this subchapter.

(e) Direct grants to specially qualified units

(1) In general

If a State does not qualify or apply for funds reserved for

allocation under subsection (a) of this section by the

application deadline established by the Attorney General, the

Attorney General shall reserve not more than 75 percent of the

allocation that the State would have received under subsection

(a) of this section for such fiscal year to provide grants to

specially qualified units which meet the requirements for funding

under section 3796ee-2 of this title.

(2) Award basis

In addition to the qualification requirements for direct grants

for specially qualified units the Attorney General may use the

average amount allocated by the States to units of local

government as a basis for awarding grants under this section.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1803, as added Pub. L. 107-273, div.

C, title II, Sec. 12102(a), Nov. 2, 2002, 116 Stat. 1863.)

-MISC1-

PRIOR PROVISIONS

A prior section 3796ee-3, Pub. L. 90-351, title I, Sec. 1804, as

added Pub. L. 103-322, title II, Sec. 20201(a)(3), Sept. 13, 1994,

108 Stat. 1820, related to applications by local governments, prior

to the general amendment of this subchapter by Pub. L. 107-273.

A prior section 1803 of Pub. L. 90-351 was classified to section

3796ee-2 of this title prior to the general amendment of this

subchapter by Pub. L. 107-273.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3796ee-2, 3796ee-4,

3796ee-5, 3796ee-9 of this title.

-End-

-CITE-

42 USC Sec. 3796ee-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09F - JUVENILE ACCOUNTABILITY BLOCK GRANTS

-HEAD-

Sec. 3796ee-4. Guidelines

-STATUTE-

(a) In general

The Attorney General shall issue guidelines establishing

procedures under which a State or specifically (!1) qualified unit

of local government that receives funds under section 3796ee-3 of

this title is required to provide notice to the Attorney General

regarding the proposed use of funds made available under this

subchapter.

(b) Advisory board

(1) In general

The guidelines referred to in subsection (a) of this section

shall include a requirement that such eligible State or unit of

local government establish and convene an advisory board to

recommend a coordinated enforcement plan for the use of such

funds.

(2) Membership

The board shall include representation from, if appropriate -

(A) the State or local police department;

(B) the local sheriff's department;

(C) the State or local prosecutor's office;

(D) the State or local juvenile court;

(E) the State or local probation office;

(F) the State or local educational agency;

(G) a State or local social service agency;

(H) a nonprofit, nongovernmental victim advocacy

organization; and

(I) a nonprofit, religious, or community group.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1804, as added Pub. L. 107-273, div.

C, title II, Sec. 12102(a), Nov. 2, 2002, 116 Stat. 1865.)

-MISC1-

PRIOR PROVISIONS

A prior section 3796ee-4, Pub. L. 90-351, title I, Sec. 1805, as

added Pub. L. 103-322, title II, Sec. 20201(a)(3), Sept. 13, 1994,

108 Stat. 1821, related to allocation and distribution of funds,

prior to the general amendment of this subchapter by Pub. L.

107-273.

A prior section 1804 of Pub. L. 90-351 was classified to section

3796ee-3 of this title prior to the general amendment of this

subchapter by Pub. L. 107-273.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 3796ee-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09F - JUVENILE ACCOUNTABILITY BLOCK GRANTS

-HEAD-

Sec. 3796ee-5. Payment requirements

-STATUTE-

(a) Timing of payments

The Attorney General shall pay to each State or specifically (!1)

qualified unit of local government that receives funds under

section 3796ee-3 of this title that has submitted an application

under this subchapter the amount awarded to such State or unit of

local government not later than the later of -

(1) the date that is 180 days after the date that the amount is

available; or

(2) the first day of the payment period if the State has

provided the Attorney General with the assurances required by

subsection (c) of this section.

(b) Repayment of unexpended amounts

(1) Repayment required

From amounts awarded under this subchapter, a State or

specially qualified unit shall repay to the Attorney General,

before the expiration of the 36-month period beginning on the

date of the award, any amount that is not expended by such State

or unit.

(2) Extension

The Attorney General may adopt policies and procedures

providing for a one-time extension, by not more than 12 months,

of the period referred to in paragraph (1).

(3) Penalty for failure to repay

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

General shall reduce payment in future payment periods

accordingly.

(4) 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 States and specially qualified units.

(c) Administrative costs

A State or unit of local government that receives funds under

this subchapter may use not more than 5 percent of such funds to

pay for administrative costs.

(d) Nonsupplanting requirement

Funds made available under this subchapter to States and units of

local government shall not be used to supplant State or local funds

as the case may be, but shall be used to increase the amount of

funds that would, in the absence of funds made available under this

subchapter, be made available from State or local sources, as the

case may be.

(e) Matching funds

(1) In general

The Federal share of a grant received under this subchapter may

not exceed 90 percent of the total program costs.

(2) Construction of facilities

Notwithstanding paragraph (1), with respect to the cost of

constructing juvenile detention or correctional facilities, the

Federal share of a grant received under this subchapter may not

exceed 50 percent of approved cost.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1805, as added Pub. L. 107-273, div.

C, title II, Sec. 12102(a), Nov. 2, 2002, 116 Stat. 1865.)

-MISC1-

PRIOR PROVISIONS

A prior section 3796ee-5, Pub. L. 90-351, title I, Sec. 1806, as

added Pub. L. 103-322, title II, Sec. 20201(a)(3), Sept. 13, 1994,

108 Stat. 1822, required each State and unit of local government to

submit an annual evaluation of programs, prior to the general

amendment of this subchapter by Pub.L. 107-273.

A prior section 1805 of Pub. L. 90-351 was classified to section

3796ee-4 of this title prior to the general amendment of this

subchapter by Pub. L. 107-273.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3796ee-7 of this title.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 3796ee-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09F - JUVENILE ACCOUNTABILITY BLOCK GRANTS

-HEAD-

Sec. 3796ee-6. Utilization of private sector

-STATUTE-

Funds or a portion of funds allocated under this subchapter may

be used by a State or unit of local government that receives a

grant under this subchapter to contract with private, nonprofit

entities, or community-based organizations to carry out the

purposes specified under section 3796ee(b) of this title.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1806, as added Pub. L. 107-273, div.

C, title II, Sec. 12102(a), Nov. 2, 2002, 116 Stat. 1866.)

-MISC1-

PRIOR PROVISIONS

A prior section 1806 of Pub. L. 90-351 was classified to section

3796ee-5 of this title prior to the general amendment of this

subchapter by Pub.L. 107-273.

-End-

-CITE-

42 USC Sec. 3796ee-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09F - JUVENILE ACCOUNTABILITY BLOCK GRANTS

-HEAD-

Sec. 3796ee-7. Administrative provisions

-STATUTE-

(a) In general

A State or specially qualified unit that receives funds under

this subchapter shall -

(1) establish a trust fund in which the government will deposit

all payments received under this subchapter;

(2) use amounts in the trust fund (including interest) during

the period specified in section 3796ee-5(b)(1) of this title and

any extension of that period under section 3796ee-5(b)(2) of this

title;

(3) designate an official of the State or specially qualified

unit to submit reports as the Attorney General reasonably

requires, in addition to the annual reports required under this

subchapter; and

(4) spend the funds only for the purpose of strengthening the

juvenile justice system.

(b) Chapter provisions

Except as otherwise provided, the administrative provisions of

subchapter VIII of this chapter shall apply to this subchapter and

for purposes of this section any reference in such provisions to

this chapter shall be deemed to include a reference to this

subchapter.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1807, as added Pub. L. 107-273, div.

C, title II, Sec. 12102(a), Nov. 2, 2002, 116 Stat. 1866.)

-End-

-CITE-

42 USC Sec. 3796ee-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09F - JUVENILE ACCOUNTABILITY BLOCK GRANTS

-HEAD-

Sec. 3796ee-8. Assessment reports

-STATUTE-

(a) Reports to Attorney General

(1) In general

Except as provided in paragraph (4), for each fiscal year for

which a grant or subgrant is awarded under this subchapter, each

State or specially qualified unit of local government that

receives such a grant shall submit to the Attorney General a

grant report, and each unit of local government that receives

such a subgrant shall submit to the State a subgrant report, at

such time and in such manner as the Attorney General may

reasonably require.

(2) Grant report

Each grant report required by paragraph (1) shall include -

(A) a summary of the activities carried out with such grant;

(B) if such activities included any subgrant, a summary of

the activities carried out with each such subgrant; and

(C) an assessment of the effectiveness of such activities on

achieving the purposes of this subchapter.

(3) Subgrant report

Each subgrant report required by paragraph (1) shall include -

(A) a summary of the activities carried out with such

subgrant; and

(B) an assessment of the effectiveness of such activities on

achieving the purposes of this subchapter.

(4) Waivers

The Attorney General may waive the requirement of an assessment

in paragraph (2)(C) for a State or specially qualified unit of

local government, or in paragraph (3)(B) for a unit of local

government, if the Attorney General determines that -

(A) the nature of the activities are such that assessing

their effectiveness would not be practical or insightful;

(B) the amount of the grant or subgrant is such that carrying

out the assessment would not be an effective use of those

amounts; or

(C) the resources available to the State or unit are such

that carrying out the assessment would pose a financial

hardship on the State or unit.

(b) Reports to Congress

Not later than 120 days after the last day of each fiscal year

for which 1 or more grants are awarded under this subchapter, the

Attorney General shall submit to Congress a report, which shall

include -

(1) a summary of the information provided under subsection (a)

of this section;

(2) an assessment by the Attorney General of the grant program

carried out under this subchapter; and

(3) such other information as the Attorney General considers

appropriate.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1808, as added Pub. L. 107-273, div.

C, title II, Sec. 12102(a), Nov. 2, 2002, 116 Stat. 1867.)

-End-

-CITE-

42 USC Sec. 3796ee-9 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09F - JUVENILE ACCOUNTABILITY BLOCK GRANTS

-HEAD-

Sec. 3796ee-9. Definitions

-STATUTE-

In this subchapter:

(1) Unit of local government

The term "unit of local government" means -

(A) a county, township, city, or political subdivision of a

county, township, or city, that is a unit of local government

as determined by the Secretary of Commerce for general

statistical purposes;

(B) any law enforcement district or judicial enforcement

district that -

(i) is established under applicable State law; and

(ii) has the authority, in a manner independent of other

State entities, to establish a budget and raise revenues; and

(C) 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) Specially qualified unit

The term "specially qualified unit" means a unit of local

government which may receive funds under this subchapter only in

accordance with section 3796ee-3(e) of this title.

(3) State

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 -

(A) the Virgin Islands, American Samoa, Guam, and the

Northern Mariana Islands (the "partial States") shall

collectively be considered as 1 State; and

(B) for purposes of section 3796ee-3(a) of this title, the

amount allocated to a partial State shall bear the same

proportion to the amount collectively allocated to the partial

States as the population of the partial State bears to the

collective population of the partial States.

(4) Juvenile

The term "juvenile" means an individual who is 17 years of age

or younger.

(5) Juvenile justice expenditures

The term "juvenile justice expenditures" means expenditures in

connection with the juvenile justice system, including

expenditures in connection with such system to carry out -

(A) activities specified in section 3796ee(b) of this title;

and

(B) other activities associated with prosecutorial and

judicial services and corrections as reported to the Bureau of

the Census for the fiscal year preceding the fiscal year for

which a determination is made under this subchapter.

(6) Part 1 violent crimes

The term "part 1 violent crimes" 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.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1809, as added Pub. L. 107-273, div.

C, title II, Sec. 12102(a), Nov. 2, 2002, 116 Stat. 1867.)

-End-

-CITE-

42 USC Sec. 3796ee-10 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09F - JUVENILE ACCOUNTABILITY BLOCK GRANTS

-HEAD-

Sec. 3796ee-10. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to carry out this

subchapter, $350,000,000 for each of fiscal years 2002 through

2005.

(b) Oversight accountability and administration

(1) In general

Of the amount authorized to be appropriated under section 5665

of this title, there shall be available to the Attorney General,

for each of the fiscal years 2002 through 2004 (as applicable),

to remain available until expended -

(A) not more than 2 percent of that amount, for research,

evaluation, and demonstration consistent with this subchapter;

(B) not more than 2 percent of that amount, for training and

technical assistance; and

(C) not more than 1 percent, for administrative costs to

carry out the purposes of this subchapter.

(2) Oversight plan

The Attorney General shall establish and execute an oversight

plan for monitoring the activities of grant recipients.

(c) Tribal set-aside

Of the amounts appropriated under subsection (a) of this section,

2 percent shall be made available for programs that receive grants

under section 3796ee-1 of this title.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1810, as added Pub. L. 107-273, div.

C, title II, Sec. 12102(a), Nov. 2, 2002, 116 Stat. 1868.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3796ee-1 of this title.

-End-

-CITE-

42 USC SUBCHAPTER XII-G - RESIDENTIAL SUBSTANCE ABUSE

TREATMENT FOR STATE PRISONERS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09G - RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE

PRISONERS

-HEAD-

SUBCHAPTER XII-G - RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE

PRISONERS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3793 of this title.

-End-

-CITE-

42 USC Sec. 3796ff 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09G - RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE

PRISONERS

-HEAD-

Sec. 3796ff. Grant authorization

-STATUTE-

(a) In general

The Attorney General may make grants under this subchapter to

States, for use by States and units of local government for the

purpose of -

(1) developing and implementing residential substance abuse

treatment programs within State correctional facilities, as well

as within local correctional and detention facilities in which

inmates are incarcerated for a period of time sufficient to

permit substance abuse treatment; and

(2) encouraging the establishment and maintenance of drug-free

prisons and jails.

(b) Consultation

The Attorney General shall consult with the Secretary of Health

and Human Services to ensure that projects of substance abuse

treatment and related services for State prisoners incorporate

applicable components of existing comprehensive approaches

including relapse prevention and aftercare services.

(c) Additional use of funds

States that demonstrate that they have existing in-prison drug

treatment programs that are in compliance with Federal requirements

may use funds awarded under this subchapter for treatment and

sanctions both during incarceration and after release.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1901, as added Pub. L. 103-322,

title III, Sec. 32101(a)(3), Sept. 13, 1994, 108 Stat. 1898;

amended Pub. L. 107-273, div. B, title II, Secs. 2101, 2102(1),

Nov. 2, 2002, 116 Stat. 1792.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273, Sec. 2102(1), substituted

"purpose of - " for "purpose of", inserted par. (1) designation

before "developing", and added par. (2).

Subsec. (c). Pub. L. 107-273, Sec. 2101, added subsec. (c).

PRIOR PROVISIONS

A prior section 1901 of Pub. L. 90-351 was renumbered section

2601 and is classified to section 3797 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3796ff-2 of this title.

-End-

-CITE-

42 USC Sec. 3796ff-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09G - RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE

PRISONERS

-HEAD-

Sec. 3796ff-1. State applications

-STATUTE-

(a) In general

(1) To request a grant under this subchapter the chief executive

of a State shall submit an application to the Attorney General in

such form and containing such information as the Attorney General

may reasonably require.

(2) Such application shall include assurances that Federal funds

received under this subchapter shall be used to supplement, not

supplant, non-Federal funds that would otherwise be available for

activities funded under this subchapter.

(3) Such application shall coordinate the design and

implementation of treatment programs between State correctional

representatives and the State Alcohol (!1) and Drug (!1) Abuse (!1)

agency (and, if appropriate, between representatives of local

correctional agencies and representatives of either the State

alcohol and drug abuse agency or any appropriate local alcohol and

drug abuse agency).

(b) Substance abuse testing requirement

To be eligible to receive funds under this subchapter, a State

must agree to implement or continue to require urinalysis or other

proven reliable forms of testing of individuals in correctional

residential substance abuse treatment programs. Such testing shall

include individuals released from residential substance abuse

treatment programs who remain in the custody of the State.

(c) Eligibility for preference with aftercare component

(1) To be eligible for a preference under this subchapter, a

State must ensure that individuals who participate in the substance

abuse treatment program established or implemented with assistance

provided under this subchapter will be provided with aftercare

services.

(2) State aftercare services must involve the coordination of the

correctional facility treatment program with other human service

and rehabilitation programs, such as educational and job training

programs, parole supervision programs, half-way house programs, and

participation in self-help and peer group programs, that may aid in

the rehabilitation of individuals in the substance abuse treatment

program.

(3) To qualify as an aftercare program, the head of the substance

abuse treatment program, in conjunction with State and local

authorities and organizations involved in substance abuse

treatment, shall assist in placement of substance abuse treatment

program participants with appropriate community substance abuse

treatment facilities when such individuals leave the correctional

facility at the end of a sentence or on parole.

(d) Coordination of Federal assistance

Each application submitted for a grant under this section shall

include a description of how the funds made available under this

section will be coordinated with Federal assistance for substance

abuse treatment and aftercare services currently provided by the

Department of Health and Human Services' Substance Abuse and Mental

Health Services Administration.

(e) State office

The Office designated under section 3757 of this title -

(1) shall prepare the application as required under this

section; and

(2) shall administer grant funds received under this

subchapter, including review of spending, processing, progress,

financial reporting, technical assistance, grant adjustments,

accounting, auditing, and fund disbursement.

(f) Use of grant amounts for nonresidential aftercare services

A State may use amounts received under this subchapter to provide

nonresidential substance abuse treatment aftercare services for

inmates or former inmates that meet the requirements of subsection

(c) of this section, if the chief executive officer of the State

certifies to the Attorney General that the State is providing, and

will continue to provide, an adequate level of residential

treatment services.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1902, as added Pub. L. 103-322,

title III, Sec. 32101(a)(3), Sept. 13, 1994, 108 Stat. 1898;

amended Pub. L. 107-273, div. B, title II, Sec. 2102(2), Nov. 2,

2002, 116 Stat. 1792.)

-MISC1-

AMENDMENTS

2002 - Subsec. (f). Pub. L. 107-273 added subsec. (f).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3796ff-2, 3796ff-3 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

42 USC Sec. 3796ff-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09G - RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE

PRISONERS

-HEAD-

Sec. 3796ff-2. Review of State applications

-STATUTE-

(a) In general

The Attorney General shall make a grant under section 3796ff of

this title to carry out the projects described in the application

submitted under section 3796ff-1 of this title upon determining

that -

(1) the application is consistent with the requirements of this

subchapter; and

(2) before the approval of the application the Attorney General

has made an affirmative finding in writing that the proposed

project has been reviewed in accordance with this subchapter.

(b) Approval

Each application submitted under section 3796ff-1 of this title

shall be considered approved, in whole or in part, by the Attorney

General not later than 90 days after first received unless the

Attorney General informs the applicant of specific reasons for

disapproval.

(c) Restriction

Grant funds received under this subchapter shall not be used for

land acquisition or construction projects.

(d) Disapproval notice and reconsideration

The Attorney General shall not disapprove any application without

first affording the applicant reasonable notice and an opportunity

for reconsideration.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1903, as added Pub. L. 103-322,

title III, Sec. 32101(a)(3), Sept. 13, 1994, 108 Stat. 1899.)

-End-

-CITE-

42 USC Sec. 3796ff-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09G - RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE

PRISONERS

-HEAD-

Sec. 3796ff-3. Allocation and distribution of funds

-STATUTE-

(a) Allocation

Of the total amount appropriated under this subchapter in any

fiscal year -

(1) 0.4 percent shall be allocated to each of the participating

States; and

(2) of the total funds remaining after the allocation under

paragraph (1), there shall be allocated to each of the

participating States an amount which bears the same ratio to the

amount of remaining funds described in this paragraph as the

State prison population of such State bears to the total prison

population of all the participating States.

(b) Federal share

The Federal share of a grant made under this subchapter may not

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

the application submitted under section 3796ff-1 of this title for

the fiscal year for which the projects receive assistance under

this subchapter.

(c) Local allocation

At least 10 percent of the total amount made available to a State

under subsection (a) of this section for any fiscal year shall be

used by the State to make grants to local correctional and

detention facilities in the State (provided such facilities exist

therein), for the purpose of assisting jail-based substance abuse

treatment programs that are effective and science-based established

by those local correctional facilities.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1904, as added Pub. L. 103-322,

title III, Sec. 32101(a)(3), Sept. 13, 1994, 108 Stat. 1900;

amended Pub. L. 107-273, div. B, title II, Sec. 2102(3), Nov. 2,

2002, 116 Stat. 1792.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-273 added subsec. (c).

-End-

-CITE-

42 USC Sec. 3796ff-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09G - RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE

PRISONERS

-HEAD-

Sec. 3796ff-4. Evaluation

-STATUTE-

Each State that receives a grant under this subchapter shall

submit to the Attorney General an evaluation not later than March 1

of each year in such form and containing such information as the

Attorney General may reasonably require.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1905, as added Pub. L. 103-322,

title III, Sec. 32101(a)(3), Sept. 13, 1994, 108 Stat. 1900.)

-End-

-CITE-

42 USC SUBCHAPTER XII-H - GRANTS TO COMBAT VIOLENT CRIMES

AGAINST WOMEN 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09H - GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

-HEAD-

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

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3783, 3793 of this

title.

-End-

-CITE-

42 USC Sec. 3796gg 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09H - GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

-HEAD-

Sec. 3796gg. Purpose of program and grants

-STATUTE-

(a) General program purpose

The purpose of this subchapter is to assist States, State and

local courts (including juvenile courts), Indian tribal

governments, tribal courts, and units of local government to

develop and strengthen effective law enforcement and prosecution

strategies to combat violent crimes against women, and to develop

and strengthen victim services in cases involving violent crimes

against women.

(b) Purposes for which grants may be used

Grants under this subchapter shall provide personnel, training,

technical assistance, data collection and other equipment for the

more widespread apprehension, prosecution, and adjudication of

persons committing violent crimes against women, and specifically,

for the purposes of -

(1) training law enforcement officers, judges, other court

personnel, and prosecutors to more effectively identify and

respond to violent crimes against women, including the crimes of

sexual assault, domestic violence, and dating violence;

(2) developing, training, or expanding units of law enforcement

officers, judges, other court personnel, and prosecutors

specifically targeting violent crimes against women, including

the crimes of sexual assault and domestic violence;

(3) developing and implementing more effective police, court,

and prosecution policies, protocols, orders, and services

specifically devoted to preventing, identifying, and responding

to violent crimes against women, including the crimes of sexual

assault and domestic violence;

(4) developing, installing, or expanding data collection and

communication systems, including computerized systems, linking

police, prosecutors, and courts or for the purpose of identifying

and tracking arrests, protection orders, violations of protection

orders, prosecutions, and convictions for violent crimes against

women, including the crimes of sexual assault and domestic

violence;

(5) developing, enlarging, or strengthening victim services

programs, including sexual assault, domestic violence, and dating

violence programs, developing or improving delivery of victim

services to underserved populations, providing specialized

domestic violence court advocates in courts where a significant

number of protection orders are granted, and increasing reporting

and reducing attrition rates for cases involving violent crimes

against women, including crimes of sexual assault and domestic

violence;

(6) developing, enlarging, or strengthening programs addressing

stalking;

(7) developing, enlarging, or strengthening programs addressing

the needs and circumstances of Indian tribes in dealing with

violent crimes against women, including the crimes of sexual

assault and domestic violence;

(8) supporting formal and informal statewide, multidisciplinary

efforts, to the extent not supported by State funds, to

coordinate the response of State law enforcement agencies,

prosecutors, courts, victim services agencies, and other State

agencies and departments, to violent crimes against women,

including the crimes of sexual assault, domestic violence, and

dating violence;

(9) training of sexual assault forensic medical personnel

examiners in the collection and preservation of evidence,

analysis, prevention, and providing expert testimony and

treatment of trauma related to sexual assault;

(10) developing, enlarging, or strengthening programs to assist

law enforcement, prosecutors, courts, and others to address the

needs and circumstances of older and disabled women who are

victims of domestic violence or sexual assault, including

recognizing, investigating, and prosecuting instances of such

violence or assault and targeting outreach and support,

counseling, and other victim services to such older and disabled

individuals; and

(11) providing assistance to victims of domestic violence and

sexual assault in immigration matters.

(c) State coalition grants

(1) Purpose

The Attorney General shall award grants to each State domestic

violence coalition and sexual assault coalition for the purposes

of coordinating State victim services activities, and

collaborating and coordinating with Federal, State, and local

entities engaged in violence against women activities.

(2) Grants to State coalitions

The Attorney General shall award grants to -

(A) each State domestic violence coalition, as determined by

the Secretary of Health and Human Services through the Family

Violence Prevention and Services Act (42 U.S.C. 10410 et seq.);

and

(B) each State sexual assault coalition, as determined by the

Center for Injury Prevention and Control of the Centers for

Disease Control and Prevention under the Public Health Service

Act (42 U.S.C. 280b et seq.).

(3) Eligibility for other grants

Receipt of an award under this subsection by each State

domestic violence and sexual assault coalition shall not preclude

the coalition from receiving additional grants under this part to

carry out the purposes described in subsection (b) of this

section.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2001, as added Pub. L. 103-322,

title IV, Sec. 40121(a)(3), Sept. 13, 1994, 108 Stat. 1910; amended

Pub. L. 106-386, div. B, title I, Secs. 1102(a)(1), 1103(b)(1),

1109(b), title II, Sec. 1209(c), title V, Sec. 1512(a), Oct. 28,

2000, 114 Stat. 1494, 1495, 1503, 1509, 1533.)

-REFTEXT-

REFERENCES IN TEXT

The Family Violence Prevention and Services Act, referred to in

subsec. (c)(2)(A), is title III of Pub. L. 98-457, Oct. 9, 1984, 98

Stat. 1757, as amended, which is classified generally to chapter

110 (Sec. 10401 et seq.) of this title. For complete classification

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

10401 of this title and Tables.

The Public Health Service Act, referred to in subsec. (c)(2)(B),

is act July 1, 1944, ch. 373, 58 Stat. 682, as amended, which is

classified generally to chapter 6A (Sec. 201 et seq.) of this

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

Short Title note set out under section 201 of this title and

Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2001 of Pub. L. 90-351 was renumbered section

2601 and is classified to section 3797 of this title.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-386, Sec. 1102(a)(1)(A),

substituted "State and local courts (including juvenile courts),

Indian tribal governments, tribal courts," for "Indian tribal

governments,".

Subsec. (b)(1). Pub. L. 106-386, Secs. 1102(a)(1)(B)(i),

1109(b)(1), inserted ", judges, other court personnel," after "law

enforcement officers" and substituted "sexual assault, domestic

violence, and dating violence" for "sexual assault and domestic

violence".

Subsec. (b)(2). Pub. L. 106-386, Sec. 1102(a)(1)(B)(ii), inserted

", judges, other court personnel," after "law enforcement

officers".

Subsec. (b)(3). Pub. L. 106-386, Sec. 1102(a)(1)(B)(iii),

inserted ", court," after "police".

Subsec. (b)(5). Pub. L. 106-386, Secs. 1103(b)(1)(A)(i),

1109(b)(2), substituted "including sexual assault, domestic

violence, and dating violence" for "including sexual assault and

domestic violence" and "underserved populations" for "racial,

cultural, ethnic, and language minorities".

Subsec. (b)(8), (9). Pub. L. 106-386, Sec.

1103(b)(1)(A)(ii)-(iv), added pars. (8) and (9).

Subsec. (b)(10). Pub. L. 106-386, Sec. 1209(c), added par. (10).

Subsec. (b)(11). Pub. L. 106-386, Sec. 1512(a), added par. (11).

Subsec. (c). Pub. L. 106-386, Sec. 1103(b)(1)(B), added subsec.

(c).

STANDARDS, PRACTICE, AND TRAINING FOR SEXUAL ASSAULT FORENSIC

EXAMINATIONS

Pub. L. 106-386, div. B, title IV, Sec. 1405, Oct. 28, 2000, 114

Stat. 1515, provided that:

"(a) In General. - The Attorney General shall -

"(1) evaluate existing standards of training and practice for

licensed health care professionals performing sexual assault

forensic examinations and develop a national recommended standard

for training;

"(2) recommend sexual assault forensic examination training for

all health care students to improve the recognition of injuries

suggestive of rape and sexual assault and baseline knowledge of

appropriate referrals in victim treatment and evidence

collection; and

"(3) review existing national, State, tribal, and local

protocols on sexual assault forensic examinations, and based on

this review, develop a recommended national protocol and

establish a mechanism for its nationwide dissemination.

"(b) Consultation. - The Attorney General shall consult with

national, State, tribal, and local experts in the area of rape and

sexual assault, including rape crisis centers, State and tribal

sexual assault and domestic violence coalitions and programs, and

programs for criminal justice, forensic nursing, forensic science,

emergency room medicine, law, social services, and sex crimes in

underserved communities (as defined in section 2003(7) of title I

of the Omnibus Crime Control and Safe Streets Act of 1968 (42

U.S.C. 3796gg-2(7)), as amended by this division).

"(c) Report. - The Attorney General shall ensure that not later

than 1 year after the date of the enactment of this Act [Oct. 28,

2000], a report of the actions taken pursuant to subsection (a) is

submitted to Congress.

"(d) Authorization of Appropriations. - There is authorized to be

appropriated to carry out this section $200,000 for fiscal year

2001."

[For definitions of "domestic violence" and "sexual assault" as

used in section 1405 of Pub. L. 106-386, set out above, see section

1002 of Pub. L. 106-386, set out as a note under section 3796gg-2

of this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3796gg-1 of this title.

-End-

-CITE-

42 USC Sec. 3796gg-0 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09H - GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

-HEAD-

Sec. 3796gg-0. Establishment of Violence Against Women Office

-STATUTE-

(a) In general

There is hereby established within the Department of Justice,

under the general authority of the Attorney General, a Violence

Against Women Office (in this subchapter referred to as the

"Office").

(b) Separate office

The Office shall be a separate and distinct office within the

Department of Justice, headed by a Director, who shall report to

the Attorney General and serve as Counsel to the Attorney General

on the subject of violence against women, and who shall have final

authority over all grants, cooperative agreements, and contracts

awarded by the Office.

(c) Jurisdiction

Under the general authority of the Attorney General, the Office -

(1) shall have sole jurisdiction over all duties and functions

described in section 3796gg-0b of this title; and

(2) shall be solely responsible for coordination with other

departments, agencies, or offices of all activities authorized or

undertaken under the Violence Against Women Act of 1994 (title VI

(!1) of Public 103-322) and the Violence Against Women Act of

2000 (Division B of Public Law 106-386).

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2002, as added Pub. L. 107-273, div.

A, title IV, Sec. 402(3), Nov. 2, 2002, 116 Stat. 1789.)

-REFTEXT-

REFERENCES IN TEXT

The Violence Against Women Act of 1994, referred to in subsec.

(c)(2), is title IV of Pub. L. 103-322, Sept. 13, 1994, 108 Stat.

1902, as amended. For complete classification of this Act to the

Code, see Short Title note set out under section 13701 of this

title and Tables.

The Violence Against Women Act of 2000, referred to in subsec.

(c)(2), is div. B of Pub. L. 106-386, Oct. 28, 2000, 114 Stat.

1491. For complete classification of this Act to the Code, see

Short Title of 2000 Amendments note set out under section 13701 of

this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2002 of Pub. L. 90-351 was renumbered section

2007 and is classified to section 3796gg-1 of this title.

EFFECTIVE DATE

Pub. L. 107-273, div. A, title IV, Sec. 403, Nov. 2, 2002, 116

Stat. 1791, provided that: "This title [enacting this section and

sections 3796gg-0a to 3796gg-0d of this title, amending sections

3796gg-1 to 3796gg-5 of this title, and enacting provisions set out

as a note under section 3711 of this title] shall take effect 90

days after this bill becomes law [Nov. 2, 2002]."

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 3796gg-0a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09H - GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

-HEAD-

Sec. 3796gg-0a. Director of Violence Against Women Office

-STATUTE-

(a) Appointment

The President, by and with the advice and consent of the Senate,

shall appoint a Director for the Violence Against Women Office (in

this subchapter (!1) referred to as the "Director") to be

responsible, under the general authority of the Attorney General,

for the administration, coordination, and implementation of the

programs and activities of the Office.

(b) Other employment

The Director shall not -

(1) engage in any employment other than that of serving as

Director; or

(2) hold any office in, or act in any capacity for, any

organization, agency, or institution with which the Office makes

any contract or other agreement under the Violence Against Women

Act of 1994 (title IV of Public Law 103-322) or the Violence

Against Women Act of 2000 (division B of Public Law 106-386).

(c) Vacancy

In the case of a vacancy, the President may designate an officer

or employee who shall act as Director during the vacancy.

(d) Compensation

The Director shall be compensated at a rate of pay not to exceed

the rate payable for level V of the Executive Schedule under

section 5316 of title 5.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2003, as added Pub. L. 107-273, div.

A, title IV, Sec. 402(3), Nov. 2, 2002, 116 Stat. 1789.)

-REFTEXT-

REFERENCES IN TEXT

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

"this title", and was translated as reading "this part", meaning

part T of title I of Pub. L. 90-351, to reflect the probable intent

of Congress.

The Violence Against Women Act of 1994, referred to in subsec.

(b)(2), is title IV of Pub. L. 103-322, Sept. 13, 1994, 108 Stat.

1902, as amended. For complete classification of this Act to the

Code, see Short Title note set out under section 13701 of this

title and Tables.

The Violence Against Women Act of 2000, referred to in (b)(2), is

div. B of Pub. L. 106-386, Oct. 28, 2000, 114 Stat. 1491. For

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

2000 Amendments note set out under section 13701 of this title and

Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2003 of Pub. L. 90-351 was renumbered section

2008 and is classified to section 3796gg-2 of this title.

EFFECTIVE DATE

Section effective 90 days after Nov. 2, 2002, see section 403 of

Pub. L. 107-273, set out as a note under section 3796gg-0 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 3796gg-0b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09H - GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

-HEAD-

Sec. 3796gg-0b. Duties and functions of Director of Violence

Against Women Office

-STATUTE-

The Director shall have the following duties:

(1) Maintaining liaison with the judicial branches of the

Federal and State Governments on matters relating to violence

against women.

(2) Providing information to the President, the Congress, the

judiciary, State, local, and tribal governments, and the general

public on matters relating to violence against women.

(3) Serving, at the request of the Attorney General, as the

representative of the Department of Justice on domestic task

forces, committees, or commissions addressing policy or issues

relating to violence against women.

(4) Serving, at the request of the President, acting through

the Attorney General, as the representative of the United States

Government on human rights and economic justice matters related

to violence against women in international fora, including, but

not limited to, the United Nations.

(5) Carrying out the functions of the Department of Justice

under the Violence Against Women Act of 1994 (title IV of Public

Law 103-322) and the Violence Against Women Act of 2000 (division

B of Public Law 106-386), including with respect to those

functions -

(A) the development of policy, protocols, and guidelines;

(B) the development and management of grant programs and

other programs, and the provision of technical assistance under

such programs; and

(C) the award and termination of grants, cooperative

agreements, and contracts.

(6) Providing technical assistance, coordination, and support

to -

(A) other components of the Department of Justice, in efforts

to develop policy and to enforce Federal laws relating to

violence against women, including the litigation of civil and

criminal actions relating to enforcing such laws;

(B) other Federal, State, local, and tribal agencies, in

efforts to develop policy, provide technical assistance, and

improve coordination among agencies carrying out efforts to

eliminate violence against women, including Indian or

indigenous women; and

(C) grantees, in efforts to combat violence against women and

to provide support and assistance to victims of such violence.

(7) Exercising such other powers and functions as may be vested

in the Director pursuant to this subchapter or by delegation of

the Attorney General.

(8) Establishing such rules, regulations, guidelines, and

procedures as are necessary to carry out any function of the

Office.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2004, as added Pub. L. 107-273, div.

A, title IV, Sec. 402(3), Nov. 2, 2002, 116 Stat. 1790.)

-REFTEXT-

REFERENCES IN TEXT

The Violence Against Women Act of 1994, referred to in par. (5),

is title IV of Pub. L. 103-322, Sept. 13, 1994, 108 Stat. 1902, as

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

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

Tables.

The Violence Against Women Act of 2000, referred to in par. (5),

is div. B of Pub. L. 106-386, Oct. 28, 2000, 114 Stat. 1491. For

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

2000 Amendments note set out under section 13701 of this title and

Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2004 of Pub. L. 90-351 was renumbered section

2009 and is classified to section 3796gg-3 of this title.

EFFECTIVE DATE

Section effective 90 days after Nov. 2, 2002, see section 403 of

Pub. L. 107-273, set out as a note under section 3796gg-0 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3796gg-0 of this title.

-End-

-CITE-

42 USC Sec. 3796gg-0c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09H - GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

-HEAD-

Sec. 3796gg-0c. Staff of Violence Against Women Office

-STATUTE-

The Attorney General shall ensure that the Director has adequate

staff to support the Director in carrying out the Director's

responsibilities under this subchapter.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2005, as added Pub. L. 107-273, div.

A, title IV, Sec. 402(3), Nov. 2, 2002, 116 Stat. 1791.)

-MISC1-

PRIOR PROVISIONS

A prior section 2005 of Pub. L. 90-351 was renumbered section

2010 and is classified to section 3796gg-4 of this title.

EFFECTIVE DATE

Section effective 90 days after Nov. 2, 2002, see section 403 of

Pub. L. 107-273, set out as a note under section 3796gg-0 of this

title.

-End-

-CITE-

42 USC Sec. 3796gg-0d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09H - GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

-HEAD-

Sec. 3796gg-0d. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such sums as are

necessary to carry out this subchapter for each fiscal year until

fiscal year 2005.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2006, as added Pub. L. 107-273, div.

A, title IV, Sec. 402(3), Nov. 2, 2002, 116 Stat. 1791.)

-MISC1-

PRIOR PROVISIONS

A prior section 2006 of Pub. L. 90-351 was renumbered section

2011 and is classified to section 3796gg-5 of this title.

EFFECTIVE DATE

Section effective 90 days after Nov. 2, 2002, see section 403 of

Pub. L. 107-273, set out as a note under section 3796gg-0 of this

title.

-End-

-CITE-

42 USC Sec. 3796gg-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09H - GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

-HEAD-

Sec. 3796gg-1. State grants

-STATUTE-

(a) General grants

The Attorney General may make grants to States, for use by

States, State and local courts (including juvenile courts), units

of local government, nonprofit nongovernmental victim services

programs, and Indian tribal governments for the purposes described

in section 3796gg(b) of this title.

(b) Amounts

Of the amounts appropriated for the purposes of this subchapter -

(1) 5 percent shall be available for grants to Indian tribal

governments;

(2) 2.5 percent shall be available for grants for State

domestic violence coalitions under section 3796gg(c) of this

title, with the coalition for each State, the coalition for the

District of Columbia, the coalition for the Commonwealth of

Puerto Rico, and the coalition for the combined Territories of

the United States, each receiving an amount equal to 1/54 of

the total amount made available under this paragraph for each

fiscal year;

(3) 2.5 percent shall be available for grants for State sexual

assault coalitions under section 3796gg(c) of this title, with

the coalition for each State, the coalition for the District of

Columbia, the coalition for the Commonwealth of Puerto Rico, and

the coalition for the combined Territories of the United States,

each receiving an amount equal to 1/54 of the total amount made

available under this paragraph for each fiscal year;

(4) 1/54 shall be available for the development and operation

of nonprofit tribal domestic violence and sexual assault

coalitions in Indian country;

(5) $600,000 shall be available for grants to applicants in

each State; and

(6) the remaining funds shall be available for grants to

applicants in each State in an amount that bears the same ratio

to the amount of remaining funds as the population of the State

bears to the population of all of the States that results from a

distribution among the States on the basis of each State's

population in relation to the population of all States (not

including populations of Indian tribes).

(c) Qualification

Upon satisfying the terms of subsection (d) of this section, any

State shall be qualified for funds provided under this subchapter

upon certification that -

(1) the funds shall be used for any of the purposes described

in section 3796gg(b) of this title;

(2) grantees and subgrantees shall develop a plan for

implementation and shall consult and coordinate with nonprofit,

nongovernmental victim services programs, including sexual

assault and domestic violence victim services programs;

(3) of the amount granted -

(A) not less than 25 percent shall be allocated to police and

not less than 25 percent shall be allocated to prosecutors;

(B) not less than 30 percent shall be allocated to victim

services; and

(C) not less than 5 percent shall be allocated for State and

local courts (including juvenile courts); and

(4) any Federal funds received under this subchapter shall be

used to supplement, not supplant, non-Federal funds that would

otherwise be available for activities funded under this

subchapter.(!1)

(d) Application requirements

The application requirements provided in section 3763 (!1) of

this title shall apply to grants made under this subchapter. In

addition, each application shall include the certifications of

qualification required by subsection (c) of this section, including

documentation from nonprofit, nongovernmental victim services

programs, describing their participation in developing the plan

required by subsection (c)(2) of this section. An application shall

include -

(1) documentation from the prosecution, law enforcement, court,

and victim services programs to be assisted, demonstrating -

(A) need for the grant funds;

(B) intended use of the grant funds;

(C) expected results from the use of grant funds; and

(D) demographic characteristics of the populations to be

served, including age, marital status, disability, race,

ethnicity and language background;

(2) proof of compliance with the requirements for the payment

of forensic medical exams provided in section 3796gg-4 of this

title; and

(3) proof of compliance with the requirements for paying filing

and service fees for domestic violence cases provided in section

3796gg-5 of this title.

(e) Disbursement

(1) In general

Not later than 60 days after the receipt of an application

under this subchapter, the Attorney General shall -

(A) disburse the appropriate sums provided for under this

subchapter; or

(B) inform the applicant why the application does not conform

to the terms of section 3763 (!1) of this title or to the

requirements of this section.

(2) Regulations

In disbursing monies under this subchapter, the Attorney

General shall issue regulations to ensure that States will -

(A) give priority to areas of varying geographic size with

the greatest showing of need based on the availability of

existing domestic violence and sexual assault programs in the

population and geographic area to be served in relation to the

availability of such programs in other such populations and

geographic areas;

(B) determine the amount of subgrants based on the population

and geographic area to be served;

(C) equitably distribute monies on a geographic basis

including nonurban and rural areas of various geographic sizes;

and

(D) recognize and address the needs of underserved

populations.

(f) Federal share

The Federal share of a grant made under this subchapter (!1) may

not exceed 75 percent of the total costs of the projects described

in the application submitted.

(g) Indian tribes

Funds appropriated by the Congress for the activities of any

agency of an Indian tribal government or of the Bureau of Indian

Affairs performing law enforcement functions on any Indian lands

may be used to provide the non-Federal share of the cost of

programs or projects funded under this subchapter.

(h) Grantee reporting

(1) In general

Upon completion of the grant period under this subchapter, a

State or Indian tribal grantee shall file a performance report

with the Attorney General explaining the activities carried out,

which report shall include an assessment of the effectiveness of

those activities in achieving the purposes of this subchapter.

(2) Certification by grantee and subgrantees

A section of the performance report shall be completed by each

grantee and subgrantee that performed the direct services

contemplated in the application, certifying performance of direct

services under the grant.

(3) Suspension of funding

The Attorney General shall suspend funding for an approved

application if -

(A) an applicant fails to submit an annual performance

report;

(B) funds are expended for purposes other than those

described in this subchapter; or

(C) a report under paragraph (1) or accompanying assessments

demonstrate to the Attorney General that the program is

ineffective or financially unsound.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2007, formerly Sec. 2002, as added

Pub. L. 103-322, title IV, Sec. 40121(a)(3), Sept. 13, 1994, 108

Stat. 1911; amended Pub. L. 106-386, div. B, title I, Secs.

1102(a)(2), 1103(b)(2), Oct. 28, 2000, 114 Stat. 1494, 1496;

renumbered Sec. 2007 and amended Pub. L. 107-273, div. A, title IV,

Sec. 402(1), (2), Nov. 2, 2002, 116 Stat. 1789.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsecs. (c)(4), the second place

it appears, and (f), was in the original "this subtitle", and was

translated as reading "this part", meaning part T of title I of

Pub. L. 90-351, to reflect the probable intent of Congress. Title I

of Pub. L. 90-351 does not contain subtitles.

Section 3763 of this title, referred to in subsecs. (d) and

(e)(1)(B), was in the original "section 513", and was translated as

reading "section 517", meaning section 517 of title I of Pub. L.

90-351, to reflect the probable intent of Congress. Pub. L. 90-351

does not contain a section 513, but section 3763 of this title was

section 513 of Pub. L. 90-351 prior to renumbering as section 517

by Pub. L. 101-647, title XVIII, Sec. 1801(a)(6), Nov. 29, 1990,

104 Stat. 4847.

-COD-

CODIFICATION

Amendment by section 402(2) of Pub. L. 107-273, which directed

the renumbering of sections 2002 to 2006 of Pub. L. 90-351 as

sections 2006 to 2011 of that act, was executed by renumbering

sections 2002 to 2006 as sections 2007 to 2011 of that act,

respectively, to reflect the probable intent of Congress.

-MISC1-

AMENDMENTS

2002 - Subsec. (d)(2). Pub. L. 107-273, Sec. 402(1)(A), made

technical amendment to reference in original act which appears in

text as reference to section 3796gg-4 of this title.

Subsec. (d)(3). Pub. L. 107-273, Sec. 402(1)(B), made technical

amendment to reference in original act which appears in text as

reference to section 3796gg-5 of this title.

2000 - Subsec. (a). Pub. L. 106-386, Sec. 1102(a)(2)(A), inserted

"State and local courts (including juvenile courts)," after "for

use by States,".

Subsec. (b)(1). Pub. L. 106-386, Sec. 1103(b)(2)(B), substituted

"5 percent" for "4 percent".

Subsec. (b)(2) to (4). Pub. L. 106-386, Sec. 1103(b)(2)(D), added

pars. (2) to (4). Former pars. (2) and (3) redesignated (5) and

(6), respectively.

Subsec. (b)(5). Pub. L. 106-386, Sec. 1103(b)(2)(A), (C),

redesignated par. (2) as (5) and substituted "$600,000" for

"$500,000".

Subsec. (b)(6). Pub. L. 106-386, Sec. 1103(b)(2)(A), redesignated

par. (3) as (6).

Subsec. (c)(3). Pub. L. 106-386, Sec. 1102(a)(2)(B), added par.

(3) and struck out former par. (3) which read as follows: "at least

25 percent of the amount granted shall be allocated, without

duplication, to each of the following 3 areas: prosecution, law

enforcement, and victim services; and".

Subsec. (d)(1). Pub. L. 106-386, Sec. 1102(a)(2)(C), inserted

"court," after "law enforcement," in introductory provisions.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective 90 days after Nov. 2,

2002, see section 403 of Pub. L. 107-273, set out as an Effective

Date note under section 3796gg-0 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 3796gg-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09H - GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

-HEAD-

Sec. 3796gg-2. Definitions

-STATUTE-

In this subchapter -

(1) the term "domestic violence" includes felony or misdemeanor

crimes of violence committed by a current or former spouse of the

victim, by a person with whom the victim shares a child in

common, by a person who is cohabitating with or has cohabitated

with the victim as a spouse, by a person similarly situated to a

spouse of the victim under the domestic or family violence laws

of the jurisdiction receiving grant monies, or by any other adult

person against a victim who is protected from that person's acts

under the domestic or family violence laws of the jurisdiction

receiving grant monies;

(2) the term "Indian country" has the meaning stated in section

1151 of title 18;

(3) the term "Indian tribe" means a tribe, band, pueblo,

nation, or other organized group or community of Indians,

including any Alaska Native village or regional or village

corporation (as defined in, or established pursuant to, the

Alaska Native Claims Settlement Act (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;

(4) the term "law enforcement" means a public agency charged

with policing functions, including any of its component bureaus

(such as governmental victim services programs);

(5) the term "prosecution" means any public agency charged with

direct responsibility for prosecuting criminal offenders,

including such agency's component bureaus (such as governmental

victim services programs);

(6) the term "sexual assault" means any conduct proscribed by

chapter 109A of title 18, whether or not the conduct occurs in

the special maritime and territorial jurisdiction of the United

States or in a Federal prison and includes both assaults

committed by offenders who are strangers to the victim and

assaults committed by offenders who are known or related by blood

or marriage to the victim;

(7) the term "underserved populations" includes populations

underserved because of geographic location (such as rural

isolation), underserved racial and ethnic populations,

populations underserved because of special needs (such as

language barriers, disabilities, alienage status, or age), and

any other population determined to be underserved by the State

planning process in consultation with the Attorney General;

(8) the term "victim services" means a nonprofit,

nongovernmental organization that assists domestic violence or

sexual assault victims, including rape crisis centers, battered

women's shelters, and other sexual assault or domestic violence

programs, including nonprofit, nongovernmental organizations

assisting domestic violence or sexual assault victims through the

legal process; and

(9) the term "dating violence" means violence committed by a

person -

(A) who is or has been in a social relationship of a romantic

or intimate nature with the victim; and

(B) where the existence of such a relationship shall be

determined based on a consideration of the following factors:

(i) the length of the relationship;

(ii) the type of relationship; and

(iii) the frequency of interaction between the persons

involved in the relationship.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2008, formerly Sec. 2003, as added

Pub. L. 103-322, title IV, Sec. 40121(a)(3), Sept. 13, 1994, 108

Stat. 1913; amended Pub. L. 106-386, div. B, title I, Secs.

1103(b)(3), 1109(a)(1), Oct. 28, 2000, 114 Stat. 1496, 1502;

renumbered Sec. 2008, Pub. L. 107-273, div. A, title IV, Sec.

402(2), Nov. 2, 2002, 116 Stat. 1789.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in par. (3),

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.

-COD-

CODIFICATION

Amendment by section 402(2) of Pub. L. 107-273, which directed

the renumbering of sections 2002 to 2006 of Pub. L. 90-351 as

sections 2006 to 2011 of that act, was executed by renumbering

sections 2002 to 2006 as sections 2007 to 2011 of that act,

respectively, to reflect the probable intent of Congress.

-MISC1-

AMENDMENTS

2000 - Par. (7). Pub. L. 106-386, Sec. 1103(b)(3), added par. (7)

and struck out former par. (7) which read as follows: "the term

'underserved populations' includes populations underserved because

of geographic location (such as rural isolation), underserved

racial or ethnic populations, and populations underserved because

of special needs, such as language barriers or physical

disabilities; and".

Par. (9). Pub. L. 106-386, Sec. 1109(a)(1), added par. (9).

DEFINITIONS OF TERMS IN PUB. L. 106-386

Pub. L. 106-386, div. B, Sec. 1002, Oct. 28, 2000, 114 Stat.

1491, provided that: "In this division [see section 1001 of Pub. L.

106-386, set out as a Short Title of 2000 note under section 13701

of this title] -

"(1) the term 'domestic violence' has the meaning given the

term in section 2003 of title I of the Omnibus Crime Control and

Safe Streets Act of 1968 (42 U.S.C. 3796gg-2); and

"(2) the term 'sexual assault' has the meaning given the term

in section 2003 of title I of the Omnibus Crime Control and Safe

Streets Act of 1968 (42 U.S.C. 3796gg-2)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3002, 3796gg-6, 10420,

13971, 13992, 14041, 14042 of this title; title 20 section 7275.

-End-

-CITE-

42 USC Sec. 3796gg-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09H - GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

-HEAD-

Sec. 3796gg-3. General terms and conditions

-STATUTE-

(a) Nonmonetary assistance

In addition to the assistance provided under this subchapter, the

Attorney General may request any Federal agency to use its

authorities and the resources granted to it under Federal law

(including personnel, equipment, supplies, facilities, and

managerial, technical, and advisory services) in support of State,

tribal, and local assistance efforts.

(b) Reporting

Not later than 180 days after the end of each fiscal year for

which grants are made under this subchapter, the Attorney General

shall submit to the Committee on the Judiciary of the House of

Representatives and the Committee on the Judiciary of the Senate a

report that includes, for each State and for each grantee Indian

tribe -

(1) the number of grants made and funds distributed under this

subchapter;

(2) a summary of the purposes for which those grants were

provided and an evaluation of their progress;

(3) a statistical summary of persons served, detailing the

nature of victimization, and providing data on age, sex,

relationship of victim to offender, geographic distribution,

race, ethnicity, language, and disability, and the membership of

persons served in any underserved population; and

(4) an evaluation of the effectiveness of programs funded under

this subchapter.

(c) Regulations or guidelines

Not later than 120 days after September 13, 1994, the Attorney

General shall publish proposed regulations or guidelines

implementing this subchapter. Not later than 180 days after

September 13, 1994, the Attorney General shall publish final

regulations or guidelines implementing this subchapter.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2009, formerly Sec. 2004, as added

Pub. L. 103-322, title IV, Sec. 40121(a)(3), Sept. 13, 1994, 108

Stat. 1914; amended Pub. L. 106-386, div. B, title I, Sec.

1103(b)(4), Oct. 28, 2000, 114 Stat. 1497; renumbered Sec. 2009,

Pub. L. 107-273, div. A, title IV, Sec. 402(2), Nov. 2, 2002, 116

Stat. 1789.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(3). Pub. L. 106-386 inserted ", and the

membership of persons served in any underserved population" before

the semicolon.

-COD-

CODIFICATION

Amendment by section 402(2) of Pub. L. 107-273, which directed

the renumbering of sections 2002 to 2006 of Pub. L. 90-351 as

sections 2006 to 2011 of that act, was executed by renumbering

sections 2002 to 2006 as sections 2007 to 2011 of that act,

respectively, to reflect the probable intent of Congress.

-End-

-CITE-

42 USC Sec. 3796gg-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09H - GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

-HEAD-

Sec. 3796gg-4. Rape exam payments

-STATUTE-

(a) Restriction of funds

(1) In general

A State, Indian tribal government, or unit of local government,

shall not be entitled to funds under this subchapter unless the

State, Indian tribal government, unit of local government, or

another governmental entity incurs the full out-of-pocket cost of

forensic medical exams described in subsection (b) of this

section for victims of sexual assault.

(2) Redistribution

Funds withheld from a State or unit of local government under

paragraph (1) shall be distributed to other States or units of

local government pro rata. Funds withheld from an Indian tribal

government under paragraph (1) shall be distributed to other

Indian tribal governments pro rata.

(b) Medical costs

A State, Indian tribal government, or unit of local government

shall be deemed to incur the full out-of-pocket cost of forensic

medical exams for victims of sexual assault if any government

entity -

(1) provides such exams to victims free of charge to the

victim;

(2) arranges for victims to obtain such exams free of charge to

the victims; or

(3) reimburses victims for the cost of such exams if -

(A) the reimbursement covers the full cost of such exams,

without any deductible requirement or limit on the amount of a

reimbursement;

(B) the reimbursing governmental entity permits victims to

apply for reimbursement for not less than one year from the

date of the exam;

(C) the reimbursing governmental entity provides

reimbursement not later than 90 days after written notification

of the victim's expense; and

(D) the State, Indian tribal government, unit of local

government, or reimbursing governmental entity provides

information at the time of the exam to all victims, including

victims with limited or no English proficiency, regarding how

to obtain reimbursement.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2010, formerly Sec. 2005, as added

Pub. L. 103-322, title IV, Sec. 40121(a)(3), Sept. 13, 1994, 108

Stat. 1914; renumbered Sec. 2010, Pub. L. 107-273, div. A, title

IV, Sec. 402(2), Nov. 2, 2002, 116 Stat. 1789.)

-COD-

CODIFICATION

Amendment by section 402(2) of Pub. L. 107-273, which directed

the renumbering of sections 2002 to 2006 of Pub. L. 90-351 as

sections 2006 to 2011 of that act, was executed by renumbering

sections 2002 to 2006 as sections 2007 to 2011 of that act,

respectively, to reflect the probable intent of Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3796gg-1 of this title.

-End-

-CITE-

42 USC Sec. 3796gg-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09H - GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

-HEAD-

Sec. 3796gg-5. Costs for criminal charges and protection orders

-STATUTE-

(a) In general

A State, Indian tribal government, or unit of local government,

shall not be entitled to funds under this subchapter unless the

State, Indian tribal government, or unit of local government -

(1) certifies that its laws, policies, and practices do not

require, in connection with the prosecution of any misdemeanor or

felony domestic violence offense, or in connection with the

filing, issuance, registration, or service of a protection order,

or a petition for a protection order, to protect a victim of

domestic violence, stalking, or sexual assault, that the victim

bear the costs associated with the filing of criminal charges

against the offender, or the costs associated with the filing,

issuance, registration, or service of a warrant, protection

order, petition for a protection order, or witness subpoena,

whether issued inside or outside the State, tribal, or local

jurisdiction; or

(2) gives the Attorney General assurances that its laws,

policies and practices will be in compliance with the

requirements of paragraph (1) within the later of -

(A) the period ending on the date on which the next session

of the State legislature ends; or

(B) 2 years after October 28, 2000.

(b) Redistribution

Funds withheld from a State, unit of local government, or Indian

tribal government under subsection (a) of this section shall be

distributed to other States, units of local government, and Indian

tribal government, respectively, pro rata.

(c) Definition

In this section, the term "protection order" has the meaning

given the term in section 2266 of title 18.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2011, formerly Sec. 2006, as added

Pub. L. 103-322, title IV, Sec. 40121(a)(3), Sept. 13, 1994, 108

Stat. 1915; amended Pub. L. 106-386, div. B, title I, Sec.

1101(b)(1), Oct. 28, 2000, 114 Stat. 1492; renumbered Sec. 2011,

Pub. L. 107-273, div. A, title IV, Sec. 402(2), Nov. 2, 2002, 116

Stat. 1789.)

-COD-

CODIFICATION

Amendment by section 402(2) of Pub. L. 107-273, which directed

the renumbering of sections 2002 to 2006 of Pub. L. 90-351 as

sections 2006 to 2011 of that act, was executed by renumbering

sections 2002 to 2006 as sections 2007 to 2011 of that act,

respectively, to reflect the probable intent of Congress.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-386, Sec. 1101(b)(1)(A), in section catchline,

substituted "Costs" for "Filing costs" and inserted "and protection

orders" after "charges".

Subsec. (a)(1). Pub. L. 106-386, Sec. 1101(b)(1)(B)(i), added

par. (1) and struck out former par. (1) which read as follows:

"certifies that its laws, policies, and practices do not require,

in connection with the prosecution of any misdemeanor or felony

domestic violence offense, that the abused bear the costs

associated with the filing of criminal charges against the domestic

violence offender, or the costs associated with the issuance or

service of a warrant, protection order, or witness subpoena; or".

Subsec. (a)(2)(B). Pub. L. 106-386, Sec. 1101(b)(1)(B)(ii),

substituted "2 years after October 28, 2000" for "2 years".

Subsec. (c). Pub. L. 106-386, Sec. 1101(b)(1)(C), added subsec.

(c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3796gg-1 of this title.

-End-

-CITE-

42 USC Sec. 3796gg-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09H - GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

-HEAD-

Sec. 3796gg-6. Legal assistance for victims

-STATUTE-

(a) In general

The purpose of this section is to enable the Attorney General to

award grants to increase the availability of legal assistance

necessary to provide effective aid to victims of domestic violence,

stalking, or sexual assault who are seeking relief in legal matters

arising as a consequence of that abuse or violence, at minimal or

no cost to the victims.

(b) Definitions

In this section:

(1) Domestic violence

The term "domestic violence" has the meaning given the term in

section 3796gg-2 of this title.

(2) Legal assistance for victims

The term "legal assistance" includes assistance to victims of

domestic violence, stalking, and sexual assault in family,

immigration, administrative agency, or housing matters,

protection or stay away order proceedings, and other similar

matters. No funds made available under this section may be used

to provide financial assistance in support of any litigation

described in paragraph (14) of section 504 of Public Law 104-134.

(3) Sexual assault

The term "sexual assault" has the meaning given the term in

section 3796gg-2 of this title.

(c) Legal assistance for victims grants

The Attorney General may award grants under this subsection to

private nonprofit entities, Indian tribal governments, and publicly

funded organizations not acting in a governmental capacity such as

law schools, and which shall be used -

(1) to implement, expand, and establish cooperative efforts and

projects between domestic violence and sexual assault victim

services organizations and legal assistance providers to provide

legal assistance for victims of domestic violence, stalking, and

sexual assault;

(2) to implement, expand, and establish efforts and projects to

provide legal assistance for victims of domestic violence,

stalking, and sexual assault by organizations with a demonstrated

history of providing direct legal or advocacy services on behalf

of these victims; and

(3) to provide training, technical assistance, and data

collection to improve the capacity of grantees and other entities

to offer legal assistance to victims of domestic violence,

stalking, and sexual assault.

(d) Eligibility

To be eligible for a grant under subsection (c) of this section,

applicants shall certify in writing that -

(1) any person providing legal assistance through a program

funded under subsection (c) of this section has completed or will

complete training in connection with domestic violence or sexual

assault and related legal issues;

(2) any training program conducted in satisfaction of the

requirement of paragraph (1) has been or will be developed with

input from and in collaboration with a State, local, or tribal

domestic violence or sexual assault program or coalition, as well

as appropriate State and local law enforcement officials;

(3) any person or organization providing legal assistance

through a program funded under subsection (c) of this section has

informed and will continue to inform State, local, or tribal

domestic violence or sexual assault programs and coalitions, as

well as appropriate State and local law enforcement officials of

their work; and

(4) the grantee's organizational policies do not require

mediation or counseling involving offenders and victims

physically together, in cases where sexual assault, domestic

violence, or child sexual abuse is an issue.

(e) Evaluation

The Attorney General may evaluate the grants funded under this

section through contracts or other arrangements with entities

expert on domestic violence, stalking, and sexual assault, and on

evaluation research.

(f) Authorization of appropriations

(1) In general

There is authorized to be appropriated to carry out this

section $40,000,000 for each of fiscal years 2001 through 2005.

(2) Allocation of funds

(A) Tribal programs

Of the amount made available under this subsection in each

fiscal year, not less than 5 percent shall be used for grants

for programs that assist victims of domestic violence,

stalking, and sexual assault on lands within the jurisdiction

of an Indian tribe.

(B) Victims of sexual assault

Of the amount made available under this subsection in each

fiscal year, not less than 25 percent shall be used for direct

services, training, and technical assistance to support

projects focused solely or primarily on providing legal

assistance to victims of sexual assault.

(3) Nonsupplantation

Amounts made available under this section shall be used to

supplement and not supplant other Federal, State, and local funds

expended to further the purpose of this section.

-SOURCE-

(Pub. L. 106-386, div. B, title II, Sec. 1201, Oct. 28, 2000, 114

Stat. 1504.)

-REFTEXT-

REFERENCES IN TEXT

Paragraph (14) of section 504 of Pub. L. 104-134, referred to in

subsec. (b)(2), probably means Pub. L. 104-134, title I, Sec.

101[a] [title V, Sec. 504(a)(14)], Apr. 26, 1996, 110 Stat. 1321,

1321-55; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2,

1996, 110 Stat. 1327, which is not classified to the Code.

-COD-

CODIFICATION

Section was enacted as part of the Violence Against Women Act of

2000 and also as part of the Victims of Trafficking and Violence

Protection Act of 2000, and not as part of title I of the Omnibus

Crime Control and Safe Streets Act of 1968 which comprises this

chapter.

-End-

-CITE-

42 USC Sec. 3796gg-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09H - GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

-HEAD-

Sec. 3796gg-7. Education and training to end violence against and

abuse of women with disabilities

-STATUTE-

(a) In general

The Attorney General, in consultation with the Secretary of

Health and Human Services, may award grants to States, units of

local government, Indian tribal governments, and nongovernmental

private entities to provide education and technical assistance for

the purpose of providing training, consultation, and information on

domestic violence, stalking, and sexual assault against women who

are individuals with disabilities (as defined in section 3 of the

Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).

(b) Priorities

In awarding grants under this section, the Attorney General shall

give priority to applications designed to provide education and

technical assistance on -

(1) the nature, definition, and characteristics of domestic

violence, stalking, and sexual assault experienced by women who

are individuals with disabilities;

(2) outreach activities to ensure that women who are

individuals with disabilities who are victims of domestic

violence, stalking, and sexual assault receive appropriate

assistance;

(3) the requirements of shelters and victim services

organizations under Federal anti-discrimination laws, including

the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et

seq.] and section 794 of title 29; and

(4) cost-effective ways that shelters and victim services may

accommodate the needs of individuals with disabilities in

accordance with the Americans with Disabilities Act of 1990.

(c) Uses of grants

Each recipient of a grant under this section shall provide

information and training to organizations and programs that provide

services to individuals with disabilities, including independent

living centers, disability-related service organizations, and

domestic violence programs providing shelter or related assistance.

(d) Authorization of appropriations

There is authorized to be appropriated to carry out this section

$7,500,000 for each of fiscal years 2001 through 2005.

-SOURCE-

(Pub. L. 106-386, div. B, title IV, Sec. 1402, Oct. 28, 2000, 114

Stat. 1513.)

-REFTEXT-

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred to in

subsec. (b)(3), (4), is Pub. L. 101-336, July 26, 1990, 104 Stat.

327, as amended, which is classified principally to chapter 126

(Sec. 12101 et seq.) of this title. For complete classification of

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

12101 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Violence Against Women Act of

2000 and also as part of the Victims of Trafficking and Violence

Protection Act of 2000, and not as part of title I of the Omnibus

Crime Control and Safe Streets Act of 1968 which comprises this

chapter.

-CROSS-

DEFINITIONS

For definitions of "domestic violence" and "sexual assault" used

in this section, see section 1002 of Pub. L. 106-386, set out as a

note under section 3796gg-2 of this title.

-End-

-CITE-

42 USC SUBCHAPTER XII-I - GRANTS TO ENCOURAGE ARREST

POLICIES AND ENFORCEMENT OF PROTECTION ORDERS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09I - GRANTS TO ENCOURAGE ARREST POLICIES AND

ENFORCEMENT OF PROTECTION ORDERS

-HEAD-

SUBCHAPTER XII-I - GRANTS TO ENCOURAGE ARREST POLICIES AND

ENFORCEMENT OF PROTECTION ORDERS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3782, 3793 of this

title.

-End-

-CITE-

42 USC Sec. 3796hh 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09I - GRANTS TO ENCOURAGE ARREST POLICIES AND

ENFORCEMENT OF PROTECTION ORDERS

-HEAD-

Sec. 3796hh. Grants

-STATUTE-

(a) Purpose

The purpose of this subchapter is to encourage States, Indian

tribal governments, State and local courts (including juvenile

courts), tribal courts, and units of local government to treat

domestic violence as a serious violation of criminal law.

(b) Grant authority

The Attorney General may make grants to eligible States, Indian

tribal governments (!1) State and local courts (including juvenile

courts),,(!2) or units of local government for the following

purposes:

(1) To implement mandatory arrest or proarrest programs and

policies in police departments, including mandatory arrest

programs and policies for protection order violations.

(2) To develop policies, educational programs, and training in

police departments to improve tracking of cases involving

domestic violence and dating violence.

(3) To centralize and coordinate police enforcement,

prosecution, or judicial responsibility for domestic violence

cases in groups or units of police officers, prosecutors, parole

and probation officers, or judges.

(4) To coordinate computer tracking systems to ensure

communication between police, prosecutors, parole and probation

officers, and both criminal and family courts.

(5) To strengthen legal advocacy service programs for victims

of domestic violence and dating violence, including strengthening

assistance to such victims in immigration matters.

(6) To educate judges in criminal and other courts (including

juvenile courts) about domestic violence and to improve judicial

handling of such cases.

(7) To provide technical assistance and computer and other

equipment to police departments, prosecutors, courts, and tribal

jurisdictions to facilitate the widespread enforcement of

protection orders, including interstate enforcement, enforcement

between States and tribal jurisdictions, and enforcement between

tribal jurisdictions.

(8) To develop or strengthen policies and training for police,

prosecutors, and the judiciary in recognizing, investigating, and

prosecuting instances of domestic violence and sexual assault

against older individuals (as defined in section 3002 of this

title) and individuals with disabilities (as defined in section

12102(2) of this title).

(c) Eligibility

Eligible grantees are States, Indian tribal governments (!1)

State and local courts (including juvenile courts),,(!2) or units

of local government that -

(1) certify that their laws or official policies -

(A) encourage or mandate arrests of domestic violence

offenders based on probable cause that an offense has been

committed; and

(B) encourage or mandate arrest of domestic violence

offenders who violate the terms of a valid and outstanding

protection order;

(2) demonstrate that their laws, policies, or practices and

their training programs discourage dual arrests of offender and

victim;

(3) certify that their laws, policies, or practices prohibit

issuance of mutual restraining orders of protection except in

cases where both spouses file a claim and the court makes

detailed findings of fact indicating that both spouses acted

primarily as aggressors and that neither spouse acted primarily

in self-defense; and

(4) certify that their laws, policies, and practices do not

require, in connection with the prosecution of any misdemeanor or

felony domestic violence offense, or in connection with the

filing, issuance, registration, or service of a protection order,

or a petition for a protection order, to protect a victim of

domestic violence, stalking, or sexual assault, that the victim

bear the costs associated with the filing of criminal charges

against the offender, or the costs associated with the filing,

issuance, registration, or service of a warrant, protection

order, petition for a protection order, or witness subpoena,

whether issued inside or outside the State, tribal, or local

jurisdiction.

(d) Definition

In this section, the term "protection order" has the meaning

given the term in section 2266 of title 18.

(e) Allotment for Indian tribes

Not less than 5 percent of the total amount made available for

grants under this section for each fiscal year shall be available

for grants to Indian tribal governments.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2101, as added Pub. L. 103-322,

title IV, Sec. 40231(a)(3), Sept. 13, 1994, 108 Stat. 1932; amended

Pub. L. 106-386, div. B, title I, Secs. 1101(a)(2), (b)(2),

1102(b), 1109(c), title II, Sec. 1209(b), title V, Sec. 1512(b),

Oct. 28, 2000, 114 Stat. 1492, 1493, 1495, 1503, 1509, 1533.)

-MISC1-

PRIOR PROVISIONS

A prior section 2101 of Pub. L. 90-351 was renumbered section

2601 and is classified to section 3797 of this title.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-386, Sec. 1102(b)(1), inserted

"State and local courts (including juvenile courts), tribal

courts," after "Indian tribal governments,".

Subsec. (b). Pub. L. 106-386, Sec. 1102(b)(2)(A), inserted "State

and local courts (including juvenile courts)," after "Indian tribal

governments" in introductory provisions.

Subsec. (b)(2). Pub. L. 106-386, Secs. 1102(b)(2)(B), 1109(c)(1),

substituted "policies, educational programs, and" for "policies

and" and inserted "and dating violence" before period at end.

Subsec. (b)(3), (4). Pub. L. 106-386, Sec. 1102(b)(2)(C), (D),

inserted "parole and probation officers," after "prosecutors,".

Subsec. (b)(5). Pub. L. 106-386, Secs. 1109(c)(2), 1512(b),

inserted "and dating violence, including strengthening assistance

to such victims in immigration matters" before period at end.

Subsec. (b)(6). Pub. L. 106-386, Sec. 1101(a)(2)(A), inserted

"(including juvenile courts)" after "courts".

Subsec. (b)(7). Pub. L. 106-386, Sec. 1101(a)(2)(B), added par.

(7).

Subsec. (b)(8). Pub. L. 106-386, Sec. 1209(b), added par. (8).

Subsec. (c). Pub. L. 106-386, Sec. 1102(b)(3), inserted "State

and local courts (including juvenile courts)," after "Indian tribal

governments" in introductory provisions.

Subsec. (c)(4). Pub. L. 106-386, Sec. 1101(b)(2)(A), added par.

(4) and struck out former par. (4) which read as follows: "certify

that their laws, policies, or practices do not require, in

connection with the prosecution of any misdemeanor or felony

domestic violence offense, that the abused bear the costs

associated with the filing of criminal charges or the service of

such charges on an abuser, or that the abused bear the costs

associated with the issuance or service of a warrant, protection

order, or witness subpoena."

Subsec. (d). Pub. L. 106-386, Sec. 1101(b)(2)(B), added subsec.

(d).

Subsec. (e). Pub. L. 106-386, Sec. 1102(b)(4), added subsec. (e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3796hh-1 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

(!2) So in original.

-End-

-CITE-

42 USC Sec. 3796hh-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09I - GRANTS TO ENCOURAGE ARREST POLICIES AND

ENFORCEMENT OF PROTECTION ORDERS

-HEAD-

Sec. 3796hh-1. Applications

-STATUTE-

(a) Application

An eligible grantee shall submit an application to the Attorney

General that -

(1) contains a certification by the chief executive officer of

the State, Indian tribal government, or local government entity

that the conditions of section 3796hh(c) of this title are met or

will be met within the later of -

(A) the period ending on the date on which the next session

of the State or Indian tribal legislature ends; or

(B) 2 years of September 13, 1994 or, in the case of the

condition set forth in subsection (!1) 3796hh(c)(4) of this

title, the expiration of the 2-year period beginning on October

28, 2000;

(2) describes plans to further the purposes stated in section

3796hh(a) of this title;

(3) identifies the agency or office or groups of agencies or

offices responsible for carrying out the program; and

(4) includes documentation from nonprofit, private sexual

assault and domestic violence programs demonstrating their

participation in developing the application, and identifying such

programs in which such groups will be consulted for development

and implementation.

(b) Priority

In awarding grants under this subchapter, the Attorney General

shall give priority to applicants that -

(1) do not currently provide for centralized handling of cases

involving domestic violence by police, prosecutors, and courts;

(2) demonstrate a commitment to strong enforcement of laws, and

prosecution of cases, involving domestic violence, including the

enforcement of protection orders from other States and

jurisdictions (including tribal jurisdictions);

(3) have established cooperative agreements or can demonstrate

effective ongoing collaborative arrangements with neighboring

jurisdictions to facilitate the enforcement of protection orders

from other States and jurisdictions (including tribal

jurisdictions); and

(4) in applications describing plans to further the purposes

stated in paragraph (4) or (7) of section 3796hh(b) of this

title, will give priority to using the grant to develop and

install data collection and communication systems, including

computerized systems, and training on how to use these systems

effectively to link police, prosecutors, courts, and tribal

jurisdictions for the purpose of identifying and tracking

protection orders and violations of protection orders, in those

jurisdictions where such systems do not exist or are not fully

effective.

(c) Dissemination of information

The Attorney General shall annually compile and broadly

disseminate (including through electronic publication) information

about successful data collection and communication systems that

meet the purposes described in this section. Such dissemination

shall target States, State and local courts, Indian tribal

governments, and units of local government.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2102, as added Pub. L. 103-322,

title IV, Sec. 40231(a)(3), Sept. 13, 1994, 108 Stat. 1933; amended

Pub. L. 106-386, div. B, title I, Sec. 1101(a)(3), (b)(3), Oct. 28,

2000, 114 Stat. 1492, 1493.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(1)(B). Pub. L. 106-386, Sec. 1101(b)(3),

inserted before semicolon "or, in the case of the condition set

forth in subsection 3796hh(c)(4) of this title, the expiration of

the 2-year period beginning on October 28, 2000".

Subsec. (b)(1). Pub. L. 106-386, Sec. 1101(a)(3)(A)(i), struck

out "and" at the end.

Subsec. (b)(2). Pub. L. 106-386, Sec. 1101(a)(3)(A)(ii),

substituted ", including the enforcement of protection orders from

other States and jurisdictions (including tribal jurisdictions);"

for period at end.

Subsec. (b)(3), (4). Pub. L. 106-386, Sec. 1101(a)(3)(A)(iii),

added pars. (3) and (4).

Subsec. (c). Pub. L. 106-386, Sec. 1101(a)(3)(B), added subsec.

(c).

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 3796hh-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09I - GRANTS TO ENCOURAGE ARREST POLICIES AND

ENFORCEMENT OF PROTECTION ORDERS

-HEAD-

Sec. 3796hh-2. Reports

-STATUTE-

Each grantee receiving funds under this subchapter shall submit a

report to the Attorney General evaluating the effectiveness of

projects developed with funds provided under this subchapter and

containing such additional information as the Attorney General may

prescribe.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2103, as added Pub. L. 103-322,

title IV, Sec. 40231(a)(3), Sept. 13, 1994, 108 Stat. 1933.)

-End-

-CITE-

42 USC Sec. 3796hh-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09I - GRANTS TO ENCOURAGE ARREST POLICIES AND

ENFORCEMENT OF PROTECTION ORDERS

-HEAD-

Sec. 3796hh-3. Regulations or guidelines

-STATUTE-

Not later than 120 days after September 13, 1994, the Attorney

General shall publish proposed regulations or guidelines

implementing this subchapter. Not later than 180 days after

September 13, 1994, the Attorney General shall publish final

regulations or guidelines implementing this subchapter.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2104, as added Pub. L. 103-322,

title IV, Sec. 40231(a)(3), Sept. 13, 1994, 108 Stat. 1933.)

-End-

-CITE-

42 USC Sec. 3796hh-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09I - GRANTS TO ENCOURAGE ARREST POLICIES AND

ENFORCEMENT OF PROTECTION ORDERS

-HEAD-

Sec. 3796hh-4. Definitions

-STATUTE-

For purposes of this subchapter -

(1) the term "domestic violence" includes felony or misdemeanor

crimes of violence committed by a current or former spouse of the

victim, by a person with whom the victim shares a child in

common, by a person who is cohabitating with or has cohabitated

with the victim as a spouse, by a person similarly situated to a

spouse of the victim under the domestic or family violence laws

of the jurisdiction receiving grant monies, or by any other adult

person against a victim who is protected from that person's acts

under the domestic or family violence laws of the eligible State,

Indian tribal government, or unit of local government that

receives a grant under this subchapter;

(2) the term "protection order" includes any injunction issued

for the purpose of preventing violent or threatening acts of

domestic violence, including temporary and final orders issued by

civil or criminal courts (other than support or child custody

orders or provisions) whether obtained by filing an independent

action or as a pendente lite order in another proceeding; and

(3) the term "dating violence" means violence committed by a

person -

(A) who is or has been in a social relationship of a romantic

or intimate nature with the victim; and

(B) where the existence of such a relationship shall be

determined based on a consideration of the following factors:

(i) the length of the relationship;

(ii) the type of relationship; and

(iii) the frequency of interaction between the persons

involved in the relationship.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2105, as added Pub. L. 103-322,

title IV, Sec. 40231(a)(3), Sept. 13, 1994, 108 Stat. 1933; amended

Pub. L. 106-386, div. B, title I, Sec. 1109(a)(2), Oct. 28, 2000,

114 Stat. 1503.)

-MISC1-

AMENDMENTS

2000 - Par. (3). Pub. L. 106-386 added par. (3).

-End-

-CITE-

42 USC SUBCHAPTER XII-J - MENTAL HEALTH COURTS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09J - MENTAL HEALTH COURTS

-HEAD-

SUBCHAPTER XII-J - MENTAL HEALTH COURTS

-MISC1-

PRIOR PROVISIONS

A prior subchapter XII-J, consisting of sections 3796ii to

3796ii-8, related to grants for drug courts, prior to repeal by

Pub. L. 104-134, title I, Sec. 101[(a)] [title I, Sec.

114(b)(1)(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-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3793 of this title.

-End-

-CITE-

42 USC Sec. 3796ii 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09J - MENTAL HEALTH COURTS

-HEAD-

Sec. 3796ii. Grant authority

-STATUTE-

The Attorney General shall make grants to States, State courts,

local courts, units of local government, and Indian tribal

governments, acting directly or through agreements with other

public or nonprofit entities, for not more than 100 programs that

involve -

(1) continuing judicial supervision, including periodic review,

over preliminarily qualified offenders with mental illness,

mental retardation, or co-occurring mental illness and substance

abuse disorders, who are charged with misdemeanors or nonviolent

offenses; and

(2) the coordinated delivery of services, which includes -

(A) specialized training of law enforcement and judicial

personnel to identify and address the unique needs of a

mentally ill or mentally retarded offender;

(B) voluntary outpatient or inpatient mental health

treatment, in the least restrictive manner appropriate, as

determined by the court, that carries with it the possibility

of dismissal of charges or reduced sentencing upon successful

completion of treatment;

(C) centralized case management involving the consolidation

of all of a mentally ill or mentally retarded defendant's

cases, including violations of probation, and the coordination

of all mental health treatment plans and social services,

including life skills training, such as housing placement,

vocational training, education, job placement, health care, and

relapse prevention for each participant who requires such

services; and

(D) continuing supervision of treatment plan compliance for a

term not to exceed the maximum allowable sentence or probation

for the charged or relevant offense and, to the extent

practicable, continuity of psychiatric care at the end of the

supervised period.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2201, as added Pub. L. 106-515, Sec.

3(a), Nov. 13, 2000, 114 Stat. 2399.)

-MISC1-

PRIOR PROVISIONS

A prior section 3796ii, Pub. L. 90-351, title I, Sec. 2201, as

added Pub. L. 103-322, title V, Sec. 50001(a)(3), Sept. 13, 1994,

108 Stat. 1956, related to grant authority, prior to repeal by Pub.

L. 104-134, title I, Sec. 101[(a)] [title I, Sec. 114(b)(1)(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.

A prior section 2201 of Pub. L. 90-351 was renumbered section

2601 and is classified to section 3797 of this title.

STUDY ON REENTRY, MENTAL ILLNESS, AND PUBLIC SAFETY

Pub. L. 107-273, div. C, title I, Sec. 11011, Nov. 2, 2002, 116

Stat. 1823, provided that:

"(a) Study. - The Attorney General shall commission a study of

offenders, or a sampling of such offenders, with mental illness

released from prison or jail in 2 or more jurisdictions, including

at least 1 State or local and 1 Federal, to determine the extent to

which participation in public benefit programs correlates with

successful reentry and improved public safety.

"(b) Report. - Not later than 2 years after the date of enactment

of this Act [Nov. 2, 2002], the Attorney General shall submit to

the Committees on the Judiciary of the Senate and the House of

Representatives -

"(1) a report detailing the results of the study conducted

under subsection (a) with findings that address -

"(A) the number of offenders with mental illness released

from the prison or jail who qualify for medicaid, SSI, or SSDI;

"(B) the number of offenders with mental illness who qualify

for medicaid, SSI, or SSDI benefits and who are enrolled in

these programs upon release from prison or jail; and

"(C) how enrollment in medicaid, SSI, or SSDI affects -

"(i) rearrest;

"(ii) violation of condition(s) of release;

"(iii) reincarceration;

"(iv) rehospitalization;

"(v) the length of time upon release from prison or jail

time to the first contact with a mental health or substance

abuse service; and

"(vi) the number of contacts with a mental health or

substance abuse services [service] within the first 90 days

of release; and

"(2) any recommendations.

"(c) Authorization of Appropriations. - There are authorized such

sums as necessary to conduct the study and issue the report

required by this section."

FINDINGS

Pub. L. 106-515, Sec. 2, Nov. 13, 2000, 114 Stat. 2399, provided

that: "Congress finds that -

"(1) fully 16 percent of all inmates in State prisons and local

jails suffer from mental illness, according to a July, 1999

report, conducted by the Bureau of Justice Statistics;

"(2) between 600,000 and 700,000 mentally ill persons are

annually booked in jail alone, according to the American Jail

Association;

"(3) estimates say 25 to 40 percent of America's mentally ill

will come into contact with the criminal justice system,

according to National Alliance for the Mentally Ill;

"(4) 75 percent of mentally ill inmates have been sentenced to

time in prison or jail or probation at least once prior to their

current sentence, according to the Bureau of Justice Statistics

in July, 1999; and

"(5) Broward County, Florida and King County, Washington, have

created separate Mental Health Courts to place nonviolent

mentally ill offenders into judicially monitored inpatient and

outpatient mental health treatment programs, where appropriate,

with positive results."

-End-

-CITE-

42 USC Sec. 3796ii-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09J - MENTAL HEALTH COURTS

-HEAD-

Sec. 3796ii-1. Definitions

-STATUTE-

In this subchapter -

(1) the term "mental illness" means a diagnosable mental,

behavioral, or emotional disorder -

(A) of sufficient duration to meet diagnostic criteria within

the most recent edition of the Diagnostic and Statistical

Manual of Mental Disorders published by the American

Psychiatric Association; and

(B) that has resulted in functional impairment that

substantially interferes with or limits 1 or more major life

activities; and

(2) the term "preliminarily qualified offender with mental

illness, mental retardation, or co-occurring mental and substance

abuse disorders" means a person who -

(A)(i) previously or currently has been diagnosed by a

qualified mental health professional as having a mental

illness, mental retardation, or co-occurring mental illness and

substance abuse disorders; or

(ii) manifests obvious signs of mental illness, mental

retardation, or co-occurring mental illness and substance abuse

disorders during arrest or confinement or before any court; and

(B) is deemed eligible by designated judges.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2202, as added Pub. L. 106-515, Sec.

3(a), Nov. 13, 2000, 114 Stat. 2400.)

-MISC1-

PRIOR PROVISIONS

A prior section 3796ii-1, Pub. L. 90-351, title I, Sec. 2202, as

added Pub. L. 103-322, title V, Sec. 50001(a)(3), Sept. 13, 1994,

108 Stat. 1956, related to prohibition of participation by violent

offenders, prior to repeal by Pub. L. 104-134, title I, Sec.

101[(a)] [title I, Sec. 114(b)(1)(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. 3796ii-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09J - MENTAL HEALTH COURTS

-HEAD-

Sec. 3796ii-2. Administration

-STATUTE-

(a) Consultation

The Attorney General shall consult with the Secretary of Health

and Human Services and any other appropriate officials in carrying

out this subchapter.

(b) Use of components

The Attorney General may utilize any component or components of

the Department of Justice in carrying out this subchapter.

(c) Regulatory authority

The Attorney General shall issue regulations and guidelines

necessary to carry out this subchapter which include, but are not

limited to, the methodologies and outcome measures proposed for

evaluating each applicant program.

(d) Applications

In addition to any other requirements that may be specified by

the Attorney General, an application for a grant under this

subchapter shall -

(1) include a long-term strategy and detailed implementation

plan;

(2) explain the applicant's inability to fund the program

adequately without Federal assistance;

(3) certify that the Federal support provided will be used to

supplement, and not supplant, State, Indian tribal, and local

sources of funding that would otherwise be available;

(4) identify related governmental or community initiatives

which complement or will be coordinated with the proposal;

(5) certify that there has been appropriate consultation with

all affected agencies and that there will be appropriate

coordination with all affected agencies in the implementation of

the program, including the State mental health authority;

(6) certify that participating offenders will be supervised by

one or more designated judges with responsibility for the mental

health court program;

(7) specify plans for obtaining necessary support and

continuing the proposed program following the conclusion of

Federal support;

(8) describe the methodology and outcome measures that will be

used in evaluating the program; and

(9) certify that participating first time offenders without a

history of a mental illness will receive a mental health

evaluation.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2203, as added Pub. L. 106-515, Sec.

3(a), Nov. 13, 2000, 114 Stat. 2400.)

-MISC1-

PRIOR PROVISIONS

A prior section 3796ii-2, Pub. L. 90-351, title I, Sec. 2203, as

added Pub. L. 103-322, title V, Sec. 50001(a)(3), Sept. 13, 1994,

108 Stat. 1956, defined "violent offender", prior to repeal by Pub.

L. 104-134, title I, Sec. 101[(a)] [title I, Sec. 114(b)(1)(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. 3796ii-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09J - MENTAL HEALTH COURTS

-HEAD-

Sec. 3796ii-3. Applications

-STATUTE-

To request funds under this subchapter, the chief executive or

the chief justice of a State or the chief executive or chief judge

of a unit of local government or Indian tribal government shall

submit to the Attorney General an application in such form and

containing such information as the Attorney General may reasonably

require.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2204, as added Pub. L. 106-515, Sec.

3(a), Nov. 13, 2000, 114 Stat. 2401.)

-MISC1-

PRIOR PROVISIONS

A prior section 3796ii-3, Pub. L. 90-351, title I, Sec. 2204, as

added Pub. L. 103-322, title V, Sec. 50001(a)(3), Sept. 13, 1994,

108 Stat. 1956, related to administration, prior to repeal by Pub.

L. 104-134, title I, Sec. 101[(a)] [title I, Sec. 114(b)(1)(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 3796ii-4 of this title.

-End-

-CITE-

42 USC Sec. 3796ii-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09J - MENTAL HEALTH COURTS

-HEAD-

Sec. 3796ii-4. Federal share

-STATUTE-

The Federal share of a grant made under this subchapter may not

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

the application submitted under section 3796ii-3 of this title for

the fiscal year for which the program receives assistance under

this subchapter, unless the Attorney General waives, wholly or in

part, the requirement of a matching contribution under this

section. The use of the Federal share of a grant made under this

subchapter shall be limited to new expenses necessitated by the

proposed program, including the development of treatment services

and the hiring and training of personnel. In-kind contributions may

constitute a portion of the non-Federal share of a grant.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2205, as added Pub. L. 106-515, Sec.

3(a), Nov. 13, 2000, 114 Stat. 2401.)

-MISC1-

PRIOR PROVISIONS

A prior section 3796ii-4, Pub. L. 90-351, title I, Sec. 2205, as

added Pub. L. 103-322, title V, Sec. 50001(a)(3), Sept. 13, 1994,

108 Stat. 1957, related to applications to request funds, prior to

repeal by Pub. L. 104-134, title I, Sec. 101[(a)] [title I, Sec.

114(b)(1)(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. 3796ii-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09J - MENTAL HEALTH COURTS

-HEAD-

Sec. 3796ii-5. Geographic distribution

-STATUTE-

The Attorney General shall ensure that, to the extent

practicable, an equitable geographic distribution of grant awards

is made that considers the special needs of rural communities,

Indian tribes, and Alaska Natives.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2206, as added Pub. L. 106-515, Sec.

3(a), Nov. 13, 2000, 114 Stat. 2401.)

-MISC1-

PRIOR PROVISIONS

A prior section 3796ii-5, Pub. L. 90-351, title I, Sec. 2206, as

added Pub. L. 103-322, title V, Sec. 50001(a)(3), Sept. 13, 1994,

108 Stat. 1957, related to Federal share of grants, prior to repeal

by Pub. L. 104-134, title I, Sec. 101[(a)] [title I, Sec.

114(b)(1)(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. 3796ii-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09J - MENTAL HEALTH COURTS

-HEAD-

Sec. 3796ii-6. Report

-STATUTE-

A State, Indian tribal government, or unit of local government

that receives funds under this subchapter during a fiscal year

shall submit to the Attorney General a report in March of the

following year regarding the effectiveness of this subchapter.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2207, as added Pub. L. 106-515, Sec.

3(a), Nov. 13, 2000, 114 Stat. 2402.)

-MISC1-

PRIOR PROVISIONS

A prior section 3796ii-6, Pub. L. 90-351, title I, Sec. 2207, as

added Pub. L. 103-322, title V, Sec. 50001(a)(3), Sept. 13, 1994,

108 Stat. 1957, related to geographic distribution of grant awards,

prior to repeal by Pub. L. 104-134, title I, Sec. 101[(a)] [title

I, Sec. 114(b)(1)(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. 3796ii-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09J - MENTAL HEALTH COURTS

-HEAD-

Sec. 3796ii-7. Technical assistance, training, and evaluation

-STATUTE-

(a) Technical assistance and training

The Attorney General may provide technical assistance and

training in furtherance of the purposes of this subchapter.

(b) Evaluations

In addition to any evaluation requirements that may be prescribed

for grantees, the Attorney General may carry out or make

arrangements for evaluations of programs that receive support under

this subchapter.

(c) Administration

The technical assistance, training, and evaluations authorized by

this section may be carried out directly by the Attorney General,

in collaboration with the Secretary of Health and Human Services,

or through grants, contracts, or other cooperative arrangements

with other entities.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2208, as added Pub. L. 106-515, Sec.

3(a), Nov. 13, 2000, 114 Stat. 2402.)

-MISC1-

PRIOR PROVISIONS

A prior section 3796ii-7, Pub. L. 90-351, title I, Sec. 2208, as

added Pub. L. 103-322, title V, Sec. 50001(a)(3), Sept. 13, 1994,

108 Stat. 1957, required reports by entities receiving funds, prior

to repeal by Pub. L. 104-134, title I, Sec. 101[(a)] [title I, Sec.

114(b)(1)(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.

A prior section 3796ii-8, Pub. L. 90-351, title I, Sec. 2209, as

added Pub. L. 103-322, title V, Sec. 50001(a)(3), Sept. 13, 1994,

108 Stat. 1958, related to technical assistance, training, and

evaluation, prior to repeal by Pub. L. 104-134, title I, Sec.

101[(a)] [title I, Sec. 114(b)(1)(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 SUBCHAPTER XII-K - FAMILY SUPPORT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09K - FAMILY SUPPORT

-HEAD-

SUBCHAPTER XII-K - FAMILY SUPPORT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3793 of this title.

-End-

-CITE-

42 USC Sec. 3796jj 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09K - FAMILY SUPPORT

-HEAD-

Sec. 3796jj. Duties

-STATUTE-

The Attorney General shall -

(1) establish guidelines and oversee the implementation of

family-friendly policies within law enforcement-related offices

and divisions in the Department of Justice;

(2) study the effects of stress on law enforcement personnel

and family well-being and disseminate the findings of such

studies to Federal, State, and local law enforcement agencies,

related organizations, and other interested parties;

(3) identify and evaluate model programs that provide support

services to law enforcement personnel and families;

(4) provide technical assistance and training programs to

develop stress reduction and family support to State and local

law enforcement agencies;

(5) collect and disseminate information regarding family

support, stress reduction, and psychological services to Federal,

State, and local law enforcement agencies, law

enforcement-related organizations, and other interested entities;

and

(6) determine issues to be researched by the Department of

Justice and by grant recipients.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2301, as added Pub. L. 103-322,

title XXI, Sec. 210201(a)(3), Sept. 13, 1994, 108 Stat. 2062.)

-MISC1-

PRIOR PROVISIONS

A prior section 2301 of Pub. L. 90-351 was renumbered section

2601 and is classified to section 3797 of this title.

-End-

-CITE-

42 USC Sec. 3796jj-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09K - FAMILY SUPPORT

-HEAD-

Sec. 3796jj-1. General authorization

-STATUTE-

The Attorney General may make grants to States and local law

enforcement agencies and to organizations representing State or

local law enforcement personnel to provide family support services

to law enforcement personnel.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2302, as added Pub. L. 103-322,

title XXI, Sec. 210201(a)(3), Sept. 13, 1994, 108 Stat. 2062.)

-End-

-CITE-

42 USC Sec. 3796jj-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09K - FAMILY SUPPORT

-HEAD-

Sec. 3796jj-2. Uses of funds

-STATUTE-

(a) In general

A State or local law enforcement agency or organization that

receives a grant under this subchapter (!1) shall use amounts

provided under the grant to establish or improve training and

support programs for law enforcement personnel.

(b) Required activities

A law enforcement agency or organization that receives funds

under this subchapter shall provide at least one of the following

services:

(1) Counseling for law enforcement family members.

(2) Child care on a 24-hour basis.

(3) Marital and adolescent support groups.

(4) Stress reduction programs.

(5) Stress education for law enforcement recruits and families.

(6) Technical assistance and training programs to support any

or all of the services described in paragraphs (1), (2), (3),

(4), and (5).

(c) Optional activities

A law enforcement agency or organization that receives funds

under this subchapter may provide the following services:

(1) Post-shooting debriefing for officers and their spouses.

(2) Group therapy.

(3) Hypertension clinics.

(4) Critical incident response on a 24-hour basis.

(5) Law enforcement family crisis telephone services on a

24-hour basis.

(6) Counseling for law enforcement personnel exposed to the

human immunodeficiency virus.

(7) Counseling for peers.

(8) Counseling for families of personnel killed in the line of

duty.

(9) Seminars regarding alcohol, drug use, gambling, and

overeating.

(10) Technical assistance and training to support any or all of

the services described in paragraphs (1), (2), (3), (4), (5),

(6), (7), (8), and (9).

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2303, as added Pub. L. 103-322,

title XXI, Sec. 210201(a)(3), Sept. 13, 1994, 108 Stat. 2062.)

-REFTEXT-

REFERENCES IN TEXT

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

"this Act", and was translated as reading "this part", meaning part

W of title I of Pub. L. 90-351, to reflect the probable intent of

Congress.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 3796jj-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09K - FAMILY SUPPORT

-HEAD-

Sec. 3796jj-3. Applications

-STATUTE-

A law enforcement agency or organization desiring to receive a

grant under this subchapter shall submit to the Attorney General an

application at such time, in such manner, and containing or

accompanied by such information as the Attorney General may

reasonably require. Such application shall -

(1) certify that the law enforcement agency shall match all

Federal funds with an equal amount of cash or in-kind goods or

services from other non-Federal sources;

(2) include a statement from the highest ranking law

enforcement official from the State or locality or from the

highest ranking official from the organization applying for the

grant that attests to the need and intended use of services to be

provided with grant funds; and

(3) assure that the Attorney General or the Comptroller General

of the United States shall have access to all records related to

the receipt and use of grant funds received under this

subchapter.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2304, as added Pub. L. 103-322,

title XXI, Sec. 210201(a)(3), Sept. 13, 1994, 108 Stat. 2063.)

-End-

-CITE-

42 USC Sec. 3796jj-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09K - FAMILY SUPPORT

-HEAD-

Sec. 3796jj-4. Award of grants; limitation

-STATUTE-

(a) Grant distribution

In approving grants under this subchapter, the Attorney General

shall assure an equitable distribution of assistance among the

States, among urban and rural areas of the United States, and among

urban and rural areas of a State.

(b) Duration

The Attorney General may award a grant each fiscal year, not to

exceed $100,000 to a State or local law enforcement agency or

$250,000 to a law enforcement organization for a period not to

exceed 5 years. In any application from a State or local law

enforcement agency or organization for a grant to continue a

program for the second, third, fourth, or fifth fiscal year

following the first fiscal year in which a grant was awarded to

such agency, the Attorney General shall review the progress made

toward meeting the objectives of the program. The Attorney General

may refuse to award a grant if the Attorney General finds

sufficient progress has not been made toward meeting such

objectives, but only after affording the applicant notice and an

opportunity for reconsideration.

(c) Limitation

Not more than 5 percent of grant funds received by a State or a

local law enforcement agency or organization may be used for

administrative purposes.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2305, as added Pub. L. 103-322,

title XXI, Sec. 210201(a)(3), Sept. 13, 1994, 108 Stat. 2063.)

-End-

-CITE-

42 USC Sec. 3796jj-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09K - FAMILY SUPPORT

-HEAD-

Sec. 3796jj-5. Discretionary research grants

-STATUTE-

The Attorney General may reserve 10 percent of funds to award

research grants to a State or local law enforcement agency or

organization to study issues of importance in the law enforcement

field as determined by the Attorney General.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2306, as added Pub. L. 103-322,

title XXI, Sec. 210201(a)(3), Sept. 13, 1994, 108 Stat. 2064.)

-End-

-CITE-

42 USC Sec. 3796jj-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09K - FAMILY SUPPORT

-HEAD-

Sec. 3796jj-6. Reports

-STATUTE-

A State or local law enforcement agency or organization that

receives a grant under this subchapter shall submit to the Attorney

General an annual report that includes -

(1) program descriptions;

(2) the number of staff employed to administer programs;

(3) the number of individuals who participated in programs; and

(4) an evaluation of the effectiveness of grant programs.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2307, as added Pub. L. 103-322,

title XXI, Sec. 210201(a)(3), Sept. 13, 1994, 108 Stat. 2064.)

-End-

-CITE-

42 USC Sec. 3796jj-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09K - FAMILY SUPPORT

-HEAD-

Sec. 3796jj-7. Definitions

-STATUTE-

For purposes of this subchapter -

(1) the term "family-friendly policy" means a policy to promote

or improve the morale and well being of law enforcement personnel

and their families; and

(2) the term "law enforcement personnel" means individuals

employed by Federal, State, and local law enforcement agencies.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2308, as added Pub. L. 103-322,

title XXI, Sec. 210201(a)(3), Sept. 13, 1994, 108 Stat. 2064.)

-End-

-CITE-

42 USC SUBCHAPTER XII-L - DNA IDENTIFICATION GRANTS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09L - DNA IDENTIFICATION GRANTS

-HEAD-

SUBCHAPTER XII-L - DNA IDENTIFICATION GRANTS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3793, 14131 of this

title.

-End-

-CITE-

42 USC Sec. 3796kk 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09L - DNA IDENTIFICATION GRANTS

-HEAD-

Sec. 3796kk. Grant authorization

-STATUTE-

The Attorney General may make funds available under this

subchapter to States and units of local government, or combinations

thereof, to carry out all or a substantial part of a program or

project intended to develop or improve the capability to analyze

deoxyribonucleic acid (referred to in this subchapter as "DNA") in

a forensic laboratory.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2401, as added Pub. L. 103-322,

title XXI, Sec. 210302(c)(1)(C), Sept. 13, 1994, 108 Stat. 2066.)

-MISC1-

PRIOR PROVISIONS

A prior section 2401 of Pub. L. 90-351 was renumbered section

2601 and is classified to section 3797 of this title.

EFFECTIVE DATE

Subchapter effective 60 days after Sept. 13, 1994, see section

210302(c)(4) of Pub. L. 103-322, set out as an Effective Date of

1994 Amendment note under section 3751 of this title.

-End-

-CITE-

42 USC Sec. 3796kk-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09L - DNA IDENTIFICATION GRANTS

-HEAD-

Sec. 3796kk-1. Applications

-STATUTE-

To request a grant under this subchapter, the chief executive

officer of a State or unit of local government shall submit an

application in such form as the Attorney General may require.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2402, as added Pub. L. 103-322,

title XXI, Sec. 210302(c)(1)(C), Sept. 13, 1994, 108 Stat. 2066.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3796kk-5 of this title.

-End-

-CITE-

42 USC Sec. 3796kk-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09L - DNA IDENTIFICATION GRANTS

-HEAD-

Sec. 3796kk-2. Application requirements

-STATUTE-

No grant may be made under this subchapter unless an application

has been submitted to the Attorney General in which the applicant

certifies that -

(1) DNA analyses performed at the laboratory will satisfy or

exceed then current standards for a quality assurance program for

DNA analysis issued by the Director of the Federal Bureau of

Investigation under section 14131 of this title.(!1)

(2) DNA samples obtained by and DNA analyses performed at the

laboratory shall be made available only -

(A) to criminal justice agencies for law enforcement

identification purposes;

(B) in judicial proceedings, if otherwise admissible pursuant

to applicable statutes or rules;

(C) for criminal defense purposes, to a defendant, who shall

have access to samples and analyses performed in connection

with the case in which the defendant is charged; or

(D) if personally identifiable information is removed, for a

population statistics database, for identification research and

protocol development purposes, or for quality control purposes;

and

(3) the laboratory and each analyst performing DNA analyses at

the laboratory shall undergo semiannual external proficiency

testing by a DNA proficiency testing program that meets the

standards issued under section 14131 of this title.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2403, as added Pub. L. 103-322,

title XXI, Sec. 210302(c)(1)(C), Sept. 13, 1994, 108 Stat. 2066;

amended Pub. L. 106-546, Sec. 8(b), Dec. 19, 2000, 114 Stat. 2735.)

-MISC1-

AMENDMENTS

2000 - Par. (3). Pub. L. 106-546 substituted "semiannual" for ",

at regular intervals not exceeding 180 days,".

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.

-End-

-CITE-

42 USC Sec. 3796kk-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09L - DNA IDENTIFICATION GRANTS

-HEAD-

Sec. 3796kk-3. Administrative provisions

-STATUTE-

(a) Regulation authority

The Attorney General may promulgate guidelines, regulations, and

procedures, as necessary to carry out the purposes of this

subchapter, including limitations on the number of awards made

during each fiscal year, the submission and review of applications,

selection criteria, and the extension or continuation of awards.

(b) Award authority

The Attorney General shall have final authority over all funds

awarded under this subchapter.

(c) Technical assistance

To assist and measure the effectiveness and performance of

programs and activities funded under this subchapter, the Attorney

General may provide technical assistance as required.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2404, as added Pub. L. 103-322,

title XXI, Sec. 210302(c)(1)(C), Sept. 13, 1994, 108 Stat. 2066.)

-End-

-CITE-

42 USC Sec. 3796kk-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09L - DNA IDENTIFICATION GRANTS

-HEAD-

Sec. 3796kk-4. Restrictions on use of funds

-STATUTE-

(a) Federal share

The Federal share of a grant, contract, or cooperative agreement

made under this subchapter may not exceed 75 percent of the total

costs of the project described in the application submitted for the

fiscal year for which the project receives assistance.

(b) Administrative costs

A State or unit of local government may not use more than 10

percent of the funds it receives from (!1) this subchapter for

administrative expenses.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2405, as added Pub. L. 103-322,

title XXI, Sec. 210302(c)(1)(C), Sept. 13, 1994, 108 Stat. 2067.)

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 3796kk-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09L - DNA IDENTIFICATION GRANTS

-HEAD-

Sec. 3796kk-5. Reports

-STATUTE-

(a) Reports to Attorney General

Each State or unit of local government which receives a grant

under this subchapter shall submit to the Attorney General, for

each year in which funds from a grant received under this

subchapter is expended, a report at such time and in such manner as

the Attorney General may reasonably require which contains -

(1) a summary of the activities carried out under the grant and

an assessment of whether such activities are meeting the needs

identified in the application submitted under section 3796kk-1 of

this title; and

(2) such other information as the Attorney General may require.

(b) Reports to Congress

Not later than 90 days after the end of each fiscal year for

which grants are made under this subchapter, the Attorney General

shall submit to the Speaker of the House of Representatives and the

President pro tempore of the Senate, a report that includes -

(1) the aggregate amount of grants made under this subchapter

to each State or unit of local government for such fiscal year;

and

(2) a summary of the information provided in compliance with

subsection (a)(1) of this section.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2406, as added Pub. L. 103-322,

title XXI, Sec. 210302(c)(1)(C), Sept. 13, 1994, 108 Stat. 2067.)

-End-

-CITE-

42 USC Sec. 3796kk-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09L - DNA IDENTIFICATION GRANTS

-HEAD-

Sec. 3796kk-6. Expenditure records

-STATUTE-

(a) Records

Each State or unit of local government which receives a grant

under this subchapter shall keep records as the Attorney General

may require to facilitate an effective audit.

(b) Access

The Attorney General, the Comptroller General, or their

designated agents shall have access, for the purpose of audit and

examination, to any books, documents, and records of States and

units of local government which receive grants made under this

subchapter if, in the opinion of the Attorney General, the

Comptroller General, or their designated agents, such books,

documents, and records are related to the receipt or use of any

such grant.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2407, as added Pub. L. 103-322,

title XXI, Sec. 210302(c)(1)(C), Sept. 13, 1994, 108 Stat. 2067.)

-End-

-CITE-

42 USC SUBCHAPTER XII-M - MATCHING GRANT PROGRAM FOR LAW

ENFORCEMENT ARMOR VESTS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09M - MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR

VESTS

-HEAD-

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

VESTS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3793 of this title.

-End-

-CITE-

42 USC Sec. 3796ll 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09M - MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR

VESTS

-HEAD-

Sec. 3796ll. Program authorized

-STATUTE-

(a) In general

The Director of the Bureau of Justice Assistance is authorized to

make grants to States, units of local government, and Indian tribes

to purchase armor vests for use by State, local, and tribal law

enforcement officers.

(b) Uses of funds

Grants awarded under this section shall be -

(1) distributed directly to the State, unit of local

government, or Indian tribe; and

(2) used for the purchase of armor vests for law enforcement

officers in the jurisdiction of the grantee.

(c) Preferential consideration

In awarding grants under this subchapter, the Director of the

Bureau of Justice Assistance may give preferential consideration,

if feasible, to an application from a jurisdiction that -

(1) has the greatest need for armor vests based on the

percentage of law enforcement officers in the department who do

not have access to a vest;

(2) has, or will institute, a mandatory wear policy that

requires on-duty law enforcement officers to wear armor vests

whenever feasible; and

(3) has a violent crime rate at or above the national average

as determined by the Federal Bureau of Investigation; or

(4) has not received a block grant under the Local Law

Enforcement Block Grant program described under the heading

"Violent Crime Reduction Programs, State and Local Law

Enforcement Assistance" of the Departments of Commerce, Justice,

and State, the Judiciary, and Related Agencies Appropriations

Act, 1998 (Public Law 105-119).

(d) Minimum amount

Unless all eligible applications submitted by any State or unit

of local government within such State for a grant under this

section have been funded, such State, together with grantees within

the State (other than Indian tribes), shall be allocated in each

fiscal year under this section not less than 0.50 percent of the

total amount appropriated in the fiscal year for grants pursuant to

this section, except that the United States Virgin Islands,

American Samoa, Guam, and the Northern Mariana Islands shall each

be allocated .25 percent.

(e) Maximum amount

A qualifying State, unit of local government, or Indian tribe may

not receive more than 5 percent of the total amount appropriated in

each fiscal year for grants under this section, except that a

State, together with the grantees within the State may not receive

more than 20 percent of the total amount appropriated in each

fiscal year for grants under this section.

(f) Matching funds

(1) In general

The portion of the costs of a program provided by a grant under

subsection (a) of this section -

(A) may not exceed 50 percent; and

(B) shall equal 50 percent, if -

(i) such grant is to a unit of local government with fewer

than 100,000 residents;

(ii) the Director of the Bureau of Justice Assistance

determines that the quantity of vests to be purchased with

such grant is reasonable; and

(iii) such portion does not cause such grant to violate the

requirements of subsection (e) of this section.

(2) Indian assistance

Any funds appropriated by Congress for the activities of any

agency of an Indian tribal government or the Bureau of Indian

Affairs performing law enforcement functions on any Indian lands

may be used to provide the non-Federal share of a matching

requirement funded under this subsection.

(g) Allocation of funds

Funds available under this subchapter shall be awarded, without

regard to subsection (c) of this section, to each qualifying unit

of local government with fewer than 100,000 residents. Any

remaining funds available under this subchapter shall be awarded to

other qualifying applicants.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2501, as added Pub. L. 105-181, Sec.

3(a)(3), June 16, 1998, 112 Stat. 513; amended Pub. L. 106-517,

Sec. 3(a), (b), Nov. 13, 2000, 114 Stat. 2407, 2408.)

-REFTEXT-

REFERENCES IN TEXT

The Departments of Commerce, Justice, and State, the Judiciary,

and Related Agencies Appropriations Act, 1998, referred to in

subsec. (c)(4), is Pub. L. 105-119, Nov. 26, 1997, 111 Stat. 2440.

Provisions under the heading "Violent Crime Reduction Programs,

State and Local Law Enforcement Assistance", 111 Stat. 2452, are

not classified to the Code.

-MISC1-

PRIOR PROVISIONS

A prior section 2501 of Pub. L. 90-351 was renumbered section

2601 and is classified to section 3797 of this title.

AMENDMENTS

2000 - Subsec. (f). Pub. L. 106-517, Sec. 3(a), designated first

sentence as par. (1), inserted par. heading, substituted

"subsection (a) of this section - " and subpars. (A) and (B) for

"subsection (a) of this section may not exceed 50 percent.", and

designated second sentence as par. (2) and inserted par. heading.

Subsec. (g). Pub. L. 106-517, Sec. 3(b), amended heading and text

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

"At least half of the funds available under this subchapter shall

be awarded to units of local government with fewer than 100,000

residents."

-TRANS-

TRANSFER OF FUNCTIONS

Effective Aug. 1, 2000, all functions of Director of Bureau of

Justice Assistance, other than those enumerated in section 3742(3)

through (6) of this title, transferred to Assistant Attorney

General for Office of Justice Programs, see section 1000(a)(1)

[title I, Sec. 108(b)] of Pub. L. 106-113, set out as a note under

section 3741 of this title.

-MISC2-

FINDINGS OF 2000 AMENDMENTS

Pub. L. 106-517, Sec. 2, Nov. 13, 2000, 114 Stat. 2407, provided

that: "Congress finds that -

"(1) the number of law enforcement officers who are killed in

the line of duty would significantly decrease if every law

enforcement officer in the United States had the protection of an

armor vest;

"(2) according to studies, between 1985 and 1994, 709 law

enforcement officers in the United States were killed in the line

of duty;

"(3) the Federal Bureau of Investigation estimates that the

risk of fatality to law enforcement officers while not wearing an

armor vest is 14 times higher than for officers wearing an armor

vest;

"(4) according to studies, between 1985 and 1994,

bullet-resistant materials helped save the lives of more than

2,000 law enforcement officers in the United States; and

"(5) the Executive Committee for Indian Country Law Enforcement

Improvements reports that violent crime in Indian country has

risen sharply, despite a decrease in the national crime rate, and

has concluded that there is a 'public safety crisis in Indian

country'."

FINDINGS AND PURPOSE OF 1998 AMENDMENTS

Pub. L. 105-181, Sec. 2, June 16, 1998, 112 Stat. 512, provided

that:

"(a) Findings. - Congress finds that -

"(1) the number of law enforcement officers who are killed in

the line of duty would significantly decrease if every law

enforcement officer in the United States had the protection of an

armor vest;

"(2) according to studies, between 1985 and 1994, 709 law

enforcement officers in the United States were feloniously killed

in the line of duty;

"(3) the Federal Bureau of Investigation estimates that the

risk of fatality to law enforcement officers while not wearing an

armor vest is 14 times higher than for officers wearing an armor

vest;

"(4) the Department of Justice estimates that approximately

150,000 State, local, and tribal law enforcement officers, nearly

25 percent, are not issued body armor;

"(5) according to studies, between 1985 and 1994,

bullet-resistant materials helped save the lives of more than

2,000 law enforcement officers in the United States; and

"(6) the Executive Committee for Indian Country Law Enforcement

Improvements reports that violent crime in Indian country has

risen sharply, despite a decrease in the national crime rate, and

has concluded that there is a 'public safety crisis in Indian

country'.

"(b) Purpose. - The purpose of this Act [see Short Title of 1998

Amendments note set out under section 3711 of this title] is to

save lives of law enforcement officers by helping State, local, and

tribal law enforcement agencies provide officers with armor vests."

-End-

-CITE-

42 USC Sec. 3796ll-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09M - MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR

VESTS

-HEAD-

Sec. 3796ll-1. Applications

-STATUTE-

(a) In general

To request a grant under this subchapter, the chief executive of

a State, unit of local government, or Indian tribe shall submit an

application to the Director of the Bureau of Justice Assistance in

such form and containing such information as the Director may

reasonably require.

(b) Regulations

Not later than 90 days after June 16, 1998, the Director of the

Bureau of Justice Assistance shall promulgate regulations to

implement this section (including the information that must be

included and the requirements that the States, units of local

government, and Indian tribes must meet) in submitting the

applications required under this section.

(c) Eligibility

A unit of local government that receives funding under the Local

Law Enforcement Block Grant program (described under the heading

"Violent Crime Reduction Programs, State and Local Law Enforcement

Assistance" of the Departments of Commerce, Justice, and State, the

Judiciary, and Related Agencies Appropriations Act, 1998 (Public

Law 105-119)) during a fiscal year in which it submits an

application under this subchapter shall not be eligible for a grant

under this subchapter unless the chief executive officer of such

unit of local government certifies and provides an explanation to

the Director that the unit of local government considered or will

consider using funding received under the block grant program for

any or all of the costs relating to the purchase of armor vests,

but did not, or does not expect to use such funds for such purpose.

(d) Applications in conjunction with purchases

If an application under this section is submitted in conjunction

with a transaction for the purchase of armor vests, grant amounts

under this section may not be used to fund any portion of that

purchase unless, before the application is submitted, the applicant

-

(1) receives clear and conspicuous notice that receipt of the

grant amounts requested in the application is uncertain; and

(2) expressly assumes the obligation to carry out the

transaction, regardless of whether such amounts are received.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2502, as added Pub. L. 105-181, Sec.

3(a)(3), June 16, 1998, 112 Stat. 514; amended Pub. L. 106-517,

Sec. 3(c), Nov. 13, 2000, 114 Stat. 2408.)

-REFTEXT-

REFERENCES IN TEXT

The Departments of Commerce, Justice, and State, the Judiciary,

and Related Agencies Appropriations Act, 1998, referred to in

subsec. (c), is Pub. L. 105-119, Nov. 26, 1997, 111 Stat. 2440.

Provisions under the heading "Violent Crime Reduction Programs,

State and Local Law Enforcement Assistance", 111 Stat. 2452, are

not classified to the Code.

-MISC1-

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-517 added subsec. (d).

-TRANS-

TRANSFER OF FUNCTIONS

Effective Aug. 1, 2000, all functions of Director of Bureau of

Justice Assistance, other than those enumerated in section 3742(3)

through (6) of this title, transferred to Assistant Attorney

General for Office of Justice Programs, see section 1000(a)(1)

[title I, Sec. 108(b)] of Pub. L. 106-113, set out as a note under

section 3741 of this title.

-End-

-CITE-

42 USC Sec. 3796ll-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09M - MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR

VESTS

-HEAD-

Sec. 3796ll-2. Definitions

-STATUTE-

For purposes of this subchapter -

(1) the term "armor vest" means -

(A) body armor, no less than Type I, which has been tested

through the voluntary compliance testing program operated by

the National Law Enforcement and Corrections Technology Center

of the National Institute of Justice (NIJ), and found to meet

or exceed the requirements of NIJ Standard 0101.03, or any

subsequent revision of such standard; or

(B) body armor that has been tested through the voluntary

compliance testing program, and found to meet or exceed the

requirements of NIJ Standard 0115.00, or any revision of such

standard;

(2) the term "body armor" means any product sold or offered for

sale as personal protective body covering intended to protect

against gunfire, stabbing, or other physical harm;

(3) the term "State" means each of the 50 States, the District

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

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

Islands;

(4) the term "unit of local government" means a county,

municipality, town, township, village, parish, borough, or other

unit of general government below the State level;

(5) the term "Indian tribe" has the same meaning as in section

450b(e) of title 25; and

(6) the term "law enforcement officer" means any officer,

agent, or employee of a State, unit of local government, or

Indian tribe authorized by law or by a government agency to

engage in or supervise the prevention, detection, or

investigation of any violation of criminal law, or authorized by

law to supervise sentenced criminal offenders.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2503, as added Pub. L. 105-181, Sec.

3(a)(3), June 16, 1998, 112 Stat. 514; amended Pub. L. 106-517,

Sec. 3(d), Nov. 13, 2000, 114 Stat. 2408.)

-MISC1-

AMENDMENTS

2000 - Par. (1). Pub. L. 106-517 designated provisions after "

'armor vest' means" as subpar. (A) and added subpar. (B).

INTERIM DEFINITION OF ARMOR VEST

Pub. L. 106-517, Sec. 3(e), Nov. 13, 2000, 114 Stat. 2408,

provided that: "For purposes of part Y of title I of the Omnibus

Crime Control and Safe Streets Act of 1968 [42 U.S.C. 3796ll et

seq.], as amended by this Act, the meaning of the term 'armor vest'

(as defined in section 2503 of such Act (42 U.S.C. 3796ll-2))

shall, until the date on which a final NIJ Standard 0115.00 is

first fully approved and implemented, also include body armor which

has been found to meet or exceed the requirements for protection

against stabbing established by the State in which the grantee is

located."

-End-

-CITE-

42 USC Sec. 3796ll-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XII09M - MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR

VESTS

-HEAD-

Sec. 3796ll-3. James Guelff and Chris McCurley Body Armor Act of

2002

-STATUTE-

(a) Short title

This section may be cited as the "James Guelff and Chris McCurley

Body Armor Act of 2002".

(b) Findings

Congress finds that -

(1) nationally, police officers and ordinary citizens are

facing increased danger as criminals use more deadly weaponry,

body armor, and other sophisticated assault gear;

(2) crime at the local level is exacerbated by the interstate

movement of body armor and other assault gear;

(3) there is a traffic in body armor moving in or otherwise

affecting interstate commerce, and existing Federal controls over

such traffic do not adequately enable the States to control this

traffic within their own borders through the exercise of their

police power;

(4) recent incidents, such as the murder of San Francisco

Police Officer James Guelff by an assailant wearing 2 layers of

body armor, a 1997 bank shoot out in north Hollywood, California,

between police and 2 heavily armed suspects outfitted in body

armor, and the 1997 murder of Captain Chris McCurley of the

Etowah County, Alabama Drug Task Force by a drug dealer shielded

by protective body armor, demonstrate the serious threat to

community safety posed by criminals who wear body armor during

the commission of a violent crime;

(5) of the approximately 1,500 officers killed in the line of

duty since 1980, more than 30 percent could have been saved by

body armor, and the risk of dying from gunfire is 14 times higher

for an officer without a bulletproof vest;

(6) the Department of Justice has estimated that 25 percent of

State and local police are not issued body armor;

(7) the Federal Government is well-equipped to grant local

police departments access to body armor that is no longer needed

by Federal agencies; and

(8) Congress has the power, under the interstate commerce

clause and other provisions of the Constitution of the United

States, to enact legislation to regulate interstate commerce that

affects the integrity and safety of our communities.

(c) Definitions

In this section:

(1) Body armor

The term "body armor" means any product sold or offered for

sale, in interstate or foreign commerce, as personal protective

body covering intended to protect against gunfire, regardless of

whether the product is to be worn alone or is sold as a

complement to another product or garment.

(2) Law enforcement agency

The term "law enforcement agency" means an agency of the United

States, a State, or a political subdivision of a State,

authorized by law or by a government agency to engage in or

supervise the prevention, detection, investigation, or

prosecution of any violation of criminal law.

(3) Law enforcement officer

The term "law enforcement officer" means any officer, agent, or

employee of the United States, a State, or a political

subdivision of a State, authorized by law or by a government

agency to engage in or supervise the prevention, detection,

investigation, or prosecution of any violation of criminal law.

(d) Amendment of sentencing guidelines with respect to body armor

(1) In general

Pursuant to its authority under section 994(p) of title 28, the

United States Sentencing Commission shall review and amend the

Federal sentencing guidelines and the policy statements of the

Commission, as appropriate, to provide an appropriate sentencing

enhancement for any crime of violence (as defined in section 16

of title 18) or drug trafficking crime (as defined in section

924(c) of title 18) (including a crime of violence or drug

trafficking crime that provides for an enhanced punishment if

committed by the use of a deadly or dangerous weapon or device)

in which the defendant used body armor.

(2) Sense of Congress

It is the sense of Congress that any sentencing enhancement

under this subsection should be at least 2 levels.

(e) Omitted

(f) Donation of Federal surplus body armor

(1) Definitions

In this subsection, the terms "Federal agency" and "surplus

property" have the meanings given such terms under section 102 of

title 40.

(2) Donation of body armor

Notwithstanding sections 541-555 of title 40, the head of a

Federal agency may donate body armor directly to any State or

local law enforcement agency, if such body armor -

(A) is in serviceable condition;

(B) is surplus property; and

(C) meets or exceeds the requirements of National Institute

of Justice Standard 0101.03 (as in effect on November 2, 2002).

(3) Notice to Administrator

The head of a Federal agency who donates body armor under this

subsection shall submit to the Administrator of General Services

a written notice identifying the amount of body armor donated and

each State or local law enforcement agency that received the body

armor.

(4) Donation by certain officers

(A) Department of Justice

In the administration of this subsection with respect to the

Department of Justice, in addition to any other officer of the

Department of Justice designated by the Attorney General, the

following officers may act as the head of a Federal agency:

(i) The Administrator of the Drug Enforcement

Administration.

(ii) The Director of the Federal Bureau of Investigation.

(iii) The Commissioner of the Immigration and

Naturalization Service.

(iv) The Director of the United States Marshals Service.

(B) Department of the Treasury

In the administration of this subsection with respect to the

Department of the Treasury, in addition to any other officer of

the Department of the Treasury designated by the Secretary of

the Treasury, the following officers may act as the head of a

Federal agency:

(i) The Director of the Bureau of Alcohol, Tobacco, and

Firearms.

(ii) The Commissioner of Customs.

(iii) The Director of the United States Secret Service.

(5) No liability

Notwithstanding any other provision of law, the United States

shall not be liable for any harm occurring in connection with the

use or misuse of any body armor donated under this subsection.

-SOURCE-

(Pub. L. 107-273, div. C, title I, Sec. 11009, Nov. 2, 2002, 116

Stat. 1819.)

-COD-

CODIFICATION

Section is comprised of section 11009 of Pub. L. 107-273. Subsec.

(e) of section 11009 of Pub. L. 107-273 enacted section 931 of

Title 18, Crimes and Criminal Procedure, and amended sections 921

and 924 of Title 18.

Section was enacted as part of the 21st Century Department of

Justice Appropriations Authorization Act, and not as part of title

I of the Omnibus Crime Control and Safe Streets Act of 1968 which

comprises this chapter.

In subsec. (f), "section 102 of title 40" substituted for

"section 3 of the Federal Property and Administrative Services Act

of 1949 (40 U.S.C. 472)" in par. (1), and "sections 541-555 of

title 40" substituted for "section 203 of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 484)" in par. (2),

on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116

Stat. 1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Bureau of Alcohol, Tobacco and Firearms, including the related

functions of the Secretary of the Treasury, to the Department of

Justice, see section 531(c) of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

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.

-End-

-CITE-

42 USC SUBCHAPTER XIII - TRANSITION; EFFECTIVE DATE;

REPEALER 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XIII - TRANSITION; EFFECTIVE DATE; REPEALER

-HEAD-

SUBCHAPTER XIII - TRANSITION; EFFECTIVE DATE; REPEALER

-COD-

CODIFICATION

Subchapter is based on part Z, formerly part M, of title I of

Pub. L. 90-351, as added by Pub. L. 96-157, Sec. 2, and

redesignated by Pub. L. 99-570, Sec. 1552(a)(1), Pub. L. 101-647,

Secs. 241(a)(1)(A), 801(a)(1), Pub. L. 102-521, Sec. 4(a)(1), Pub.

L. 103-322, Secs. 10003(a)(1), 20201(a)(1), 32101(a)(1),

40121(a)(1), 40231(a)(1), 50001(a)(1), 210201(a)(1),

210302(c)(1)(A), and Pub. L. 105-181, Sec. 3(a)(1).

-End-

-CITE-

42 USC Sec. 3797 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XIII - TRANSITION; EFFECTIVE DATE; REPEALER

-HEAD-

Sec. 3797. Continuation of rules, authorities, and proceedings

-STATUTE-

(a) Continuing status until otherwise affected

(1) All orders, determinations, rules, regulations, and

instructions of the Law Enforcement Assistance Administration which

are in effect on December 27, 1979, shall continue in effect

according to their terms until modified, terminated, superseded,

set aside, or revoked by the President or the Attorney General, the

Office of Justice Assistance, Research, and Statistics or the

Director of the Bureau of Justice Statistics, the National

Institute of Justice, or the Administrator of the Law Enforcement

Assistance Administration with respect to their functions under

this chapter or by operation of law.

(2) All orders, determinations, rules, regulations, and

instructions issued under this chapter which are in effect on

October 12, 1984, shall continue in effect according to their terms

until modified, terminated, superseded, set aside, or revoked by

the President, the Attorney General, the Assistant Attorney

General, the Director of the Bureau of Justice Statistics, the

Director of the National Institute of Justice, the Administrator of

the Office of Juvenile Justice and Delinquency Prevention, or the

Director of the Bureau of Justice Assistance with respect to their

functions under this chapter or by operation of law.

(b) Obligation by Director of National Institute of Justice of

previously appropriated unused or reversionary funds for

continuation of research and development projects or purposes of

this chapter

The Director of the National Institute of Justice may award new

grants, enter into new contracts or cooperative agreements, or

otherwise obligate previously appropriated unused or reversionary

funds for the continuation of research and development projects in

accordance with the provisions of this chapter as in effect on the

day before December 27, 1979, based upon applications received

under this chapter before December 27, 1979, or for purposes

consistent with provisions of this chapter.

(c) Obligation by Director of Bureau of Justice Statistics of

pre-fiscal year 1980 appropriated funds for statistical projects

or purposes of this chapter

The Director of the Bureau of Justice Statistics may award new

grants, enter into new contracts or cooperative agreements or

otherwise obligate funds appropriated for fiscal years before 1980

for statistical projects to be expended in accordance with the

provisions of this chapter, as in effect on the day before December

27, 1979, based upon applications received under this chapter

before December 27, 1979, or for purposes consistent with

provisions of this chapter.

(d) Obligation by Administrator of Law Enforcement Assistance

Administration of previously appropriated unused or reversionary

funds or presently appropriated funds for continuation of

projects or purposes of this chapter

The Administrator of the Law Enforcement Assistance

Administration may award new grants, enter into new contracts or

cooperative agreements, approve comprehensive plans for the fiscal

year beginning October 1, 1979, and otherwise obligate previously

appropriated unused or reversionary funds or funds appropriated for

the fiscal year beginning October 1, 1979, for the continuation of

projects in accordance with the provisions of this chapter, as in

effect on the day before December 27, 1979, or for purposes

consistent with provisions of this chapter.

(e) Pending suits, actions, or other proceedings unaffected

The amendments made to this chapter by the Justice System

Improvement Act of 1979 shall not affect any suit, action, or other

proceeding commenced by or against the Government before December

27, 1979.

(f) Appropriated funds available for audit matters and continuing

programs and projects

Nothing in this chapter prevents the utilization of funds

appropriated for purposes of this chapter for all activities

necessary or appropriate for the review, audit, investigation, and

judicial or administrative resolution of audit matters for those

grants or contracts that were awarded under this chapter. The final

disposition and dissemination of program and project

accomplishments with respect to programs and projects approved in

accordance with this chapter, as in effect before December 27,

1979, which continue in operation beyond December 27, 1979, may be

carried out with funds appropriated for purposes of this chapter.

(g) Transfer of personnel pursuant to performance-of-functions

standard; determination of interim positions for Administrator

and Deputy Administrators by Attorney General

Except as otherwise provided in this chapter, the personnel

employed on December 27, 1979, by the Law Enforcement Assistance

Administration are transferred as appropriate to the Office of

Justice Assistance, Research, and Statistics, the National

Institute of Justice or the Bureau of Justice Statistics,

considering the function to be performed by these organizational

units and the functions previously performed by the employee.

Determinations as to specific positions to be filled in an acting

capacity for a period of not more than ninety days by the

Administrator and Deputy Administrators employed on December 27,

1979, may be made by the Attorney General notwithstanding any other

provision of law.

(h) Unobligated funds of a State or unit of local government

available for cost of any program or project

Any funds made available under subchapters II, III, and V (!1) of

this chapter, as in effect before December 27, 1979, which are not

obligated by a State or unit of local government, may be used to

provide up to 100 per centum of the cost of any program or project.

(i) State criminal justice council as the State planning agency for

carrying out predecessor provisions

Notwithstanding any other provision of this chapter, all

provisions of this chapter, as in effect on the day before December

27, 1979, which are necessary to carry out the provisions of the

Juvenile Justice and Delinquency Prevention Act of 1974 [42 U.S.C.

5601 et seq.], remain in effect for the sole purpose of carrying

out the Juvenile Justice and Delinquency Prevention Act of 1974,

and the State criminal justice council established under this

chapter shall serve as the State planning agency for the purposes

of the Juvenile Justice and Delinquency Prevention Act of 1974.

(j) Construction project funding for additional two years

Notwithstanding the provisions of section 3744(c)(3) (!1) of this

title, any construction projects which were funded under this

chapter, as in effect before December 27, 1979, and which were

budgeted in anticipation of receiving additional Federal funding

for such construction may continue for two years to be funded under

this chapter.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2601, formerly Sec. 1301, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1221; amended Pub.

L. 98-473, title II, Sec. 609G, Oct. 12, 1984, 98 Stat. 2100;

renumbered Sec. 1401, Pub. L. 99-570, title I, Sec. 1552(a)(2),

Oct. 27, 1986, 100 Stat. 3207-41; renumbered Sec. 1501, renumbered

Sec. 1601, Pub. L. 101-647, title II, Sec. 241(a)(1)(B), title

VIII, Sec. 801(a)(2), Nov. 29, 1990, 104 Stat. 4810, 4825;

renumbered Sec. 1701, Pub. L. 102-521, Sec. 4(a)(2), Oct. 25, 1992,

106 Stat. 3404; renumbered Sec. 1801, renumbered Sec. 1901,

renumbered Sec. 2001, renumbered Sec. 2101, renumbered Sec. 2201,

renumbered Sec. 2301, renumbered Sec. 2401, renumbered Sec. 2501,

Pub. L. 103-322, title I, Sec. 10003(a)(2), title II, Sec.

20201(a)(2), title III, Sec. 32101(a)(2), title IV, Secs.

40121(a)(2), 40231(a)(2), title V, Sec. 50001(a)(2), title XXI,

Secs. 210201(a)(2), 210302(c)(1)(B), Sept. 13, 1994, 108 Stat.

1808, 1819, 1898, 1910, 1932, 1955, 2062, 2066, renumbered Sec.

2601, Pub. L. 105-181, Sec. 3(a)(2), June 16, 1998, 112 Stat. 512.)

-REFTEXT-

REFERENCES IN TEXT

The Justice System Improvement Act of 1979, referred to in

subsec. (e), is Pub. L. 96-157, Dec. 27, 1979, 93 Stat. 1167, as

amended, which is classified principally to this chapter (Sec. 3701

et seq.). For complete classification of this Act to the Code, see

Short Title of 1979 Amendment note under section 3711 of this title

and Tables.

Subchapter V of this chapter, referred to in subsec. (h), was

repealed and former subchapter VI was redesignated as V by Pub. L.

98-473, title II, Secs. 607, 608(e), Oct. 12, 1984, 98 Stat. 2086,

2087, which was also repealed and a new subchapter V enacted by

Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat.

4328.

The Juvenile Justice and Delinquency Prevention Act of 1974,

referred to in subsec. (i), is Pub. L. 93-415, Sept. 7, 1974, 88

Stat. 1109, as amended, which is classified principally to chapter

72 (Sec. 5601 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note under section 5601 of

this title and Tables.

Section 3744(c)(3) of this title, referred to in subsec. (j), is

a reference to section 3744(c)(3) of this title as in effect prior

to the general amendment of section 3744 of this title by Pub. L.

98-473, and subsequent repeal by Pub. L. 100-690, title VI, Sec.

6091(a), Nov. 18, 1988, 102 Stat. 4328.

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-473, Sec. 609G(1), designated

existing provisions as par. (1) and added par. (2).

Subsecs. (j), (k). Pub. L. 98-473, Sec. 609G(2), (3),

redesignated subsec. (k) as (j) and struck out former subsec. (j)

relating to State planning agency meeting representation

requirement as competent to carry out functions, powers, and duties

of State criminal justice council.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section

609AA(a) of Pub. L. 98-473, set out as an Effective Date note under

section 3711 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Effective Aug. 1, 2000, all functions of Director of Bureau of

Justice Assistance, other than those enumerated in section 3742(3)

through (6) of this title, transferred to Assistant Attorney

General for Office of Justice Programs, see section 1000(a)(1)

[title I, Sec. 108(b)] of Pub. L. 106-113, set out as a note under

section 3741 of this title.

LAW ENFORCEMENT ASSISTANCE ADMINISTRATION; CLOSEOUT OF OPERATIONS

AND TRANSFER OF REMAINING FUNCTIONS

The operations of the Law Enforcement Assistance Administration

were closed out by the Justice Department due to lack of

appropriations, and the remaining programs and staff transferred to

the Office of Justice Assistance, Research, and Statistics,

effective Apr. 15, 1982, see Notice of Department of Justice,

Office of Justice Assistance, Research, and Statistics, Apr. 19,

1982, 47 F.R. 16694.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC SUBCHAPTER XIV - MATCHING GRANT PROGRAM FOR SCHOOL

SECURITY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XIV - MATCHING GRANT PROGRAM FOR SCHOOL SECURITY

-HEAD-

SUBCHAPTER XIV - MATCHING GRANT PROGRAM FOR SCHOOL SECURITY

-End-

-CITE-

42 USC Sec. 3797a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XIV - MATCHING GRANT PROGRAM FOR SCHOOL SECURITY

-HEAD-

Sec. 3797a. Program authorized

-STATUTE-

(a) In general

The Attorney General is authorized to make grants to States,

units of local government, and Indian tribes to provide improved

security, including the placement and use of metal detectors and

other deterrent measures, at schools and on school grounds.

(b) Uses of funds

Grants awarded under this section shall be distributed directly

to the State, unit of local government, or Indian tribe, and shall

be used to improve security at schools and on school grounds in the

jurisdiction of the grantee through one or more of the following:

(1) Placement and use of metal detectors, locks, lighting, and

other deterrent measures.

(2) Security assessments.

(3) Security training of personnel and students.

(4) Coordination with local law enforcement.

(5) Any other measure that, in the determination of the

Attorney General, may provide a significant improvement in

security.

(c) Preferential consideration

In awarding grants under this subchapter, the Attorney General

shall give preferential consideration, if feasible, to an

application from a jurisdiction that has a demonstrated need for

improved security, has a demonstrated need for financial

assistance, and has evidenced the ability to make the improvements

for which the grant amounts are sought.

(d) Matching funds

(1) The portion of the costs of a program provided by a grant

under subsection (a) of this section may not exceed 50 percent.

(2) Any funds appropriated by Congress for the activities of any

agency of an Indian tribal government or the Bureau of Indian

Affairs performing law enforcement functions on any Indian lands

may be used to provide the non-Federal share of a matching

requirement funded under this subsection.

(3) The Attorney General may provide, in the guidelines

implementing this section, for the requirement of paragraph (1) to

be waived or altered in the case of a recipient with a financial

need for such a waiver or alteration.

(e) Equitable distribution

In awarding grants under this subchapter, the Attorney General

shall ensure, to the extent practicable, an equitable geographic

distribution among the regions of the United States and among

urban, suburban, and rural areas.

(f) Administrative costs

The Attorney General may reserve not more than 2 percent from

amounts appropriated to carry out this subchapter for

administrative costs.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2701, as added Pub. L. 106-386, div.

B, title I, Sec. 1108(b), Oct. 28, 2000, 114 Stat. 1501.)

-End-

-CITE-

42 USC Sec. 3797b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XIV - MATCHING GRANT PROGRAM FOR SCHOOL SECURITY

-HEAD-

Sec. 3797b. Applications

-STATUTE-

(a) In general

To request a grant under this subchapter, the chief executive of

a State, unit of local government, or Indian tribe shall submit an

application to the Attorney General at such time, in such manner,

and accompanied by such information as the Attorney General may

require. Each application shall -

(1) include a detailed explanation of -

(A) the intended uses of funds provided under the grant; and

(B) how the activities funded under the grant will meet the

purpose of this subchapter; and

(2) be accompanied by an assurance that the application was

prepared after consultation with individuals not limited to law

enforcement officers (such as school violence researchers, child

psychologists, social workers, teachers, principals, and other

school personnel) to ensure that the improvements to be funded

under the grant are -

(A) consistent with a comprehensive approach to preventing

school violence; and

(B) individualized to the needs of each school at which those

improvements are to be made.

(b) Guidelines

Not later than 90 days after October 28, 2000, the Attorney

General shall promulgate guidelines to implement this section

(including the information that must be included and the

requirements that the States, units of local government, and Indian

tribes must meet) in submitting the applications required under

this section.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2702, as added Pub. L. 106-386, div.

B, title I, Sec. 1108(b), Oct. 28, 2000, 114 Stat. 1502.)

-End-

-CITE-

42 USC Sec. 3797c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XIV - MATCHING GRANT PROGRAM FOR SCHOOL SECURITY

-HEAD-

Sec. 3797c. Annual report to Congress

-STATUTE-

Not later than November 30th of each year, the Attorney General

shall submit a report to the Congress regarding the activities

carried out under this subchapter. Each such report shall include,

for the preceding fiscal year, the number of grants funded under

this subchapter, the amount of funds provided under those grants,

and the activities for which those funds were used.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2703, as added Pub. L. 106-386, div.

B, title I, Sec. 1108(b), Oct. 28, 2000, 114 Stat. 1502.)

-End-

-CITE-

42 USC Sec. 3797d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XIV - MATCHING GRANT PROGRAM FOR SCHOOL SECURITY

-HEAD-

Sec. 3797d. Definitions

-STATUTE-

For purposes of this subchapter -

(1) the term "school" means a public elementary or secondary

school;

(2) the term "unit of local government" means a county,

municipality, town, township, village, parish, borough, or other

unit of general government below the State level; and

(3) the term "Indian tribe" has the same meaning as in section

450b(e) of title 25.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2704, as added Pub. L. 106-386, div.

B, title I, Sec. 1108(b), Oct. 28, 2000, 114 Stat. 1502.)

-End-

-CITE-

42 USC Sec. 3797e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XIV - MATCHING GRANT PROGRAM FOR SCHOOL SECURITY

-HEAD-

Sec. 3797e. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this

subchapter $30,000,000 for each of fiscal years 2001 through 2003.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2705, as added Pub. L. 106-386, div.

B, title I, Sec. 1108(b), Oct. 28, 2000, 114 Stat. 1502.)

-End-

-CITE-

42 USC SUBCHAPTER XV - PAUL COVERDELL FORENSIC SCIENCES

IMPROVEMENT GRANTS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XV - PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS

-HEAD-

SUBCHAPTER XV - PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3793 of this title.

-End-

-CITE-

42 USC Sec. 3797j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XV - PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS

-HEAD-

Sec. 3797j. Grant authorization

-STATUTE-

The Attorney General shall award grants to States and units of

local government in accordance with this subchapter.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2801, as added Pub. L. 106-561, Sec.

2(c)(1), Dec. 21, 2000, 114 Stat. 2788; amended Pub. L. 107-273,

div. B, title V, Sec. 5001(b)(1), Nov. 2, 2002, 116 Stat. 1813.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-273 inserted "and units of local government"

after "States".

-End-

-CITE-

42 USC Sec. 3797k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XV - PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS

-HEAD-

Sec. 3797k. Applications

-STATUTE-

To request a grant under this subchapter, a State or unit of

local government shall submit to the Attorney General -

(1) a certification that the State or unit of local government

has developed a plan for forensic science laboratories under a

program described in section 3797m(a) of this title, and a

specific description of the manner in which the grant will be

used to carry out that plan;

(2) a certification that any forensic science laboratory

system, medical examiner's office, or coroner's office in the

State, including any laboratory operated by a unit of local

government within the State, that will receive any portion of the

grant amount uses generally accepted laboratory practices and

procedures, established by accrediting organizations or

appropriate certifying bodies; and

(3) a specific description of any new facility to be

constructed as part of the program for a State or local plan

described in paragraph (1), and the estimated costs of that

facility, and a certification that the amount of the grant used

for the costs of the facility will not exceed the limitations set

forth in section 3797m(c) of this title.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2802, as added Pub. L. 106-561, Sec.

2(c)(1), Dec. 21, 2000, 114 Stat. 2788; amended Pub. L. 107-273,

div. B, title V, Sec. 5001(b)(2), Nov. 2, 2002, 116 Stat. 1813.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-273, Sec. 5001(b)(2)(A), inserted "or unit of

local government" after "State" in introductory provisions.

Par. (1). Pub. L. 107-273, Sec. 5001(b)(2)(B), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "a

certification that the State has developed a consolidated State

plan for forensic science laboratories operated by the State or by

other units of local government within the State under a program

described in section 3797m(a) of this title, and a specific

description of the manner in which the grant will be used to carry

out that plan;".

Par. (2). Pub. L. 107-273, Sec. 5001(b)(2)(C), inserted "or

appropriate certifying bodies" after "accrediting organizations".

Par. (3). Pub. L. 107-273, Sec. 5001(b)(2)(D), inserted "for a

State or local plan" after "program".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3797l, 3797n of this

title.

-End-

-CITE-

42 USC Sec. 3797l 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XV - PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS

-HEAD-

Sec. 3797l. Allocation

-STATUTE-

(a) In general

(1) Population allocation

Seventy-five percent of the amount made available to carry out

this subchapter in each fiscal year shall be allocated to each

State that meets the requirements of section 3797k of this title

so that each State shall receive an amount that bears the same

ratio to the 75 percent of the total amount made available to

carry out this subchapter for that fiscal year as the population

of the State bears to the population of all States.

(2) Discretionary allocation

Twenty-five percent of the amount made available to carry out

this subchapter in each fiscal year shall be allocated pursuant

to the Attorney General's discretion for competitive awards to

States and units of local government. In making awards under this

subchapter, the Attorney General shall consider the average

annual number of part 1 violent crimes reported by each State to

the Federal Bureau of Investigation for the 3 most recent

calendar years for which data is available and consider the

existing resources and current needs of the potential grant

recipient.

(3) Minimum requirement

Each State shall receive not less than 0.6 percent of the

amount made available to carry out this subchapter in each fiscal

year.

(4) Proportional reduction

If the amounts available to carry out this subchapter in each

fiscal year are insufficient to pay in full the total payment

that any State is otherwise eligible to receive under paragraph

(3), then the Attorney General shall reduce payments under

paragraph (1) for such payment period to the extent of such

insufficiency. Reductions under the preceding sentence shall be

allocated among the States (other than States whose payment is

determined under paragraph (3)) in the same proportions as

amounts would be allocated under paragraph (1) without regard to

paragraph (3).

(b) State defined

In this section, the term "State" means each of the several

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

the Virgin Islands, American Samoa, Guam, and the Commonwealth of

the Northern Mariana Islands, except that -

(1) for purposes of the allocation under this section, American

Samoa and the Commonwealth of the Northern Mariana Islands shall

be considered as 1 State; and

(2) for purposes of paragraph (1), 67 percent of the amount

allocated shall be allocated to American Samoa, and 33 percent

shall be allocated to the Commonwealth of the Northern Mariana

Islands.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2803, as added Pub. L. 106-561, Sec.

2(c)(1), Dec. 21, 2000, 114 Stat. 2788; amended Pub. L. 107-273,

div. B, title V, Sec. 5001(b)(3), Nov. 2, 2002, 116 Stat. 1814.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(2). Pub. L. 107-273 substituted "for

competitive awards to States and units of local government. In

making awards under this subchapter, the Attorney General shall

consider the average annual number of part 1 violent crimes

reported by each State to the Federal Bureau of Investigation for

the 3 most recent calendar years for which data is available and

consider the existing resources and current needs of the potential

grant recipient" for "to States with above average rates of part 1

violent crimes based on the average annual number of part 1 violent

crimes reported by such State to the Federal Bureau of

Investigation for the 3 most recent calendar years for which such

data is available".

-End-

-CITE-

42 USC Sec. 3797m 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XV - PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS

-HEAD-

Sec. 3797m. Use of grants

-STATUTE-

(a) In general

A State or unit of local government that receives a grant under

this subchapter shall use the grant to carry out all or a

substantial part of a program intended to improve the quality and

timeliness of forensic science or medical examiner services in the

State, including such services provided by the laboratories

operated by the State and those operated by units of local

government within the State.

(b) Permitted categories of funding

Subject to subsections (c) and (d) of this section, a grant

awarded under this subchapter -

(1) may only be used for program expenses relating to

facilities, personnel, computerization, equipment, supplies,

accreditation and certification, education, and training; and

(2) may not be used for any general law enforcement or

nonforensic investigatory function.

(c) Facilities costs

(1) States receiving minimum grant amount

With respect to a State that receives a grant under this

subchapter (including grants received by units of local

government within a State) in an amount that does not exceed 0.6

percent of the total amount made available to carry out this

subchapter for a fiscal year, not more than 80 percent of the

total amount of the grant may be used for the costs of any new

facility constructed as part of a program described in subsection

(a) of this section.

(2) Other States

With respect to a State that receives a grant under this

subchapter in an amount that exceeds 0.6 percent of the total

amount made available to carry out this subchapter for a fiscal

year -

(A) not more than 80 percent of the amount of the grant up to

that 0.6 percent may be used for the costs of any new facility

constructed as part of a program described in subsection (a) of

this section; and

(B) not more than 40 percent of the amount of the grant in

excess of that 0.6 percent may be used for the costs of any new

facility constructed as part of a program described in

subsection (a) of this section.

(d) Administrative costs

Not more than 10 percent of the total amount of a grant awarded

under this subchapter may be used for administrative expenses.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2804, as added Pub. L. 106-561, Sec.

2(c)(1), Dec. 21, 2000, 114 Stat. 2789; amended Pub. L. 107-273,

div. B, title V, Sec. 5001(b)(4), Nov. 2, 2002, 116 Stat. 1814.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273, Sec. 5001(b)(4)(A), inserted

"or unit of local government" after "A State".

Subsec. (c)(1). Pub. L. 107-273, Sec. 5001(b)(4)(B), inserted

"(including grants received by units of local government within a

State)" after "under this subchapter".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3797k of this title.

-End-

-CITE-

42 USC Sec. 3797n 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XV - PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS

-HEAD-

Sec. 3797n. Administrative provisions

-STATUTE-

(a) Regulations

The Attorney General may promulgate such guidelines, regulations,

and procedures as may be necessary to carry out this subchapter,

including guidelines, regulations, and procedures relating to the

submission and review of applications for grants under section

3797k of this title.

(b) Expenditure records

(1) Records

Each State, or unit of local government within the State, that

receives a grant under this subchapter shall maintain such

records as the Attorney General may require to facilitate an

effective audit relating to the receipt of the grant, or the use

of the grant amount.

(2) Access

The Attorney General and the Comptroller General of the United

States, or a designee thereof, shall have access, for the purpose

of audit and examination, to any book, document, or record of a

State, or unit of local government within the State, that

receives a grant under this subchapter, if, in the determination

of the Attorney General, Comptroller General, or designee

thereof, the book, document, or record is related to the receipt

of the grant, or the use of the grant amount.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2805, as added Pub. L. 106-561, Sec.

2(c)(1), Dec. 21, 2000, 114 Stat. 2790.)

-End-

-CITE-

42 USC Sec. 3797o 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XV - PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS

-HEAD-

Sec. 3797o. Reports

-STATUTE-

(a) Reports to Attorney General

For each fiscal year for which a grant is awarded under this

subchapter, each State or unit of local government that receives

such a grant shall submit to the Attorney General a report, at such

time and in such manner as the Attorney General may reasonably

require, which report shall include -

(1) a summary and assessment of the program carried out with

the grant, which shall include a comparison of pre-grant and

post-grant forensic science capabilities;

(2) the average number of days between submission of a sample

to a forensic science laboratory or forensic science laboratory

system in that State operated by the State or by a unit of local

government and the delivery of test results to the requesting

office or agency;

(3) an identification of the number and type of cases currently

accepted by the laboratory; and

(4) such other information as the Attorney General may require.

(b) Reports to Congress

Not later than 90 days after the last day of each fiscal year for

which 1 or more grants are awarded under this subchapter, the

Attorney General shall submit to the Speaker of the House of

Representatives and the President pro tempore of the Senate, a

report, which shall include -

(1) the aggregate amount of grants awarded under this

subchapter for that fiscal year; and

(2) a summary of the information provided under subsection (a)

of this section.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2806, as added Pub. L. 106-561, Sec.

2(c)(1), Dec. 21, 2000, 114 Stat. 2790; amended Pub. L. 107-273,

div. B, title V, Sec. 5001(b)(5), Nov. 2, 2002, 116 Stat. 1814.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273, Sec. 5001(b)(5)(A), inserted

"or unit of local government" after "each State" in introductory

provisions.

Subsec. (a)(1). Pub. L. 107-273, Sec. 5001(b)(5)(B), inserted ",

which shall include a comparison of pre-grant and post-grant

forensic science capabilities" before semicolon at end.

Subsec. (a)(3), (4). Pub. L. 107-273, Sec. 5001(b)(5)(C)-(E),

added par. (3) and redesignated former par. (3) as (4).

-End-

-CITE-

42 USC SUBCHAPTER XVI - DRUG COURTS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XVI - DRUG COURTS

-HEAD-

SUBCHAPTER XVI - DRUG COURTS

-COD-

CODIFICATION

Pub. L. 107-273, div. B, title II, Sec. 2301(a), Nov. 2, 2002,

116 Stat. 1794, which directed that part EE (this subchapter) be

inserted after part DD of title I of Pub. L. 90-351, was executed

by adding part EE to title I of Pub. L. 90-351 to reflect the

probable intent of Congress, notwithstanding that title I of Pub.

L. 90-351 does not contain a part DD.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3793 of this title.

-End-

-CITE-

42 USC Sec. 3797u 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XVI - DRUG COURTS

-HEAD-

Sec. 3797u. Grant authority

-STATUTE-

(a) In general

The Attorney General may make grants to States, State courts,

local courts, units of local government, and Indian tribal

governments, acting directly or through agreements with other

public or private entities, for adult drug courts, juvenile drug

courts, family drug courts, and tribal drug courts that involve -

(1) continuing judicial supervision over offenders with

substance abuse problems who are not violent offenders;

(2) coordination with the appropriate State or local

prosecutor; and

(3) the integrated administration of other sanctions and

services, which shall include -

(A) mandatory periodic testing for the use of controlled

substances or other addictive substances during any period of

supervised release or probation for each participant;

(B) substance abuse treatment for each participant;

(C) diversion, probation, or other supervised release

involving the possibility of prosecution, confinement, or

incarceration based on noncompliance with program requirements

or failure to show satisfactory progress;

(D) offender management, and aftercare services such as

relapse prevention, health care, education, vocational

training, job placement, housing placement, and child care or

other family support services for each participant who requires

such services;

(E) payment, in whole or part, by the offender of treatment

costs, to the extent practicable, such as costs for urinalysis

or counseling; and

(F) payment, in whole or part, by the offender of

restitution, to the extent practicable, to either a victim of

the offender's offense or to a restitution or similar victim

support fund.

(b) Limitation

Economic sanctions imposed on an offender pursuant to this

section shall not be at a level that would interfere with the

offender's rehabilitation.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2951, as added Pub. L. 107-273, div.

B, title II, Sec. 2301(a), Nov. 2, 2002, 116 Stat. 1794.)

-MISC1-

STUDY BY THE GENERAL ACCOUNTING OFFICE

Pub. L. 107-273, div. B, title II, Sec. 2303, Nov. 2, 2002, 116

Stat. 1799, provided that:

"(a) In General. - The Comptroller General of the United States

shall study and assess the effectiveness and impact of grants

authorized by part EE of title I of the Omnibus Crime Control and

Safe Streets Act of 1968 [42 U.S.C. 3797u et seq.] as added by

section 2401 [2301] and report to Congress the results of the study

on or before January 1, 2005.

"(b) Documents and Information. - The Attorney General and grant

recipients shall provide the Comptroller General with all relevant

documents and information that the Comptroller General deems

necessary to conduct the study under subsection (a), including the

identities and criminal records of program participants.

"(c) Criteria. - In assessing the effectiveness of the grants

made under programs authorized by part EE of [title I of] the

Omnibus Crime Control and Safe Streets Act of 1968 [42 U.S.C. 3797u

et seq.], the Comptroller General shall consider, among other

things -

"(1) recidivism rates of program participants;

"(2) completion rates among program participants;

"(3) drug use by program participants; and

"(4) the costs of the program to the criminal justice system."

-End-

-CITE-

42 USC Sec. 3797u-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XVI - DRUG COURTS

-HEAD-

Sec. 3797u-1. Prohibition of participation by violent offenders

-STATUTE-

The Attorney General shall -

(1) issue regulations or guidelines to ensure that the programs

authorized in this subchapter do not permit participation by

violent offenders; and

(2) immediately suspend funding for any grant under this

subchapter, pending compliance, if the Attorney General finds

that violent offenders are participating in any program funded

under this subchapter.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2952, as added Pub. L. 107-273, div.

B, title II, Sec. 2301(a), Nov. 2, 2002, 116 Stat. 1795.)

-End-

-CITE-

42 USC Sec. 3797u-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XVI - DRUG COURTS

-HEAD-

Sec. 3797u-2. Definition

-STATUTE-

(a) In general

Except as provided in subsection (b) of this section, in this

subchapter, the term "violent offender" means a person who -

(1) is charged with or convicted of an offense, during the

course of which offense or conduct -

(A) the person carried, possessed, or used a firearm or

dangerous weapon;

(B) there occurred the death of or serious bodily injury to

any person; or

(C) there occurred the use of force against the person of

another, without regard to whether any of the circumstances

described in subparagraph (A) or (B) is an element of the

offense or conduct of which or for which the person is charged

or convicted; or

(2) has 1 or more prior convictions for a felony crime of

violence involving the use or attempted use of force against a

person with the intent to cause death or serious bodily harm.

(b) Definition for purposes of juvenile drug courts

For purposes of juvenile drug courts, the term "violent offender"

means a juvenile who has been convicted of, or adjudicated

delinquent for, an offense that -

(1) has as an element, the use, attempted use, or threatened

use of physical force against the person or property of another,

or the possession or use of a firearm; or

(2) by its nature, involves a substantial risk that physical

force against the person or property of another may be used in

the course of committing the offense.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2953, as added Pub. L. 107-273, div.

B, title II, Sec. 2301(a), Nov. 2, 2002, 116 Stat. 1795.)

-End-

-CITE-

42 USC Sec. 3797u-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XVI - DRUG COURTS

-HEAD-

Sec. 3797u-3. Administration

-STATUTE-

(a) Consultation

The Attorney General shall consult with the Secretary of Health

and Human Services and any other appropriate officials in carrying

out this subchapter.

(b) Use of components

The Attorney General may utilize any component or components of

the Department of Justice in carrying out this subchapter.

(c) Regulatory authority

The Attorney General may issue regulations and guidelines

necessary to carry out this subchapter.

(d) Applications

In addition to any other requirements that may be specified by

the Attorney General, an application for a grant under this

subchapter shall -

(1) include a long-term strategy and detailed implementation

plan that shall provide for the consultation and coordination

with appropriate State and local prosecutors, particularly when

program participants fail to comply with program requirements;

(2) explain the applicant's inability to fund the program

adequately without Federal assistance;

(3) certify that the Federal support provided will be used to

supplement, and not supplant, State, Indian tribal, and local

sources of funding that would otherwise be available;

(4) identify related governmental or community initiatives

which complement or will be coordinated with the proposal;

(5) certify that there has been appropriate consultation with

all affected agencies and that there will be appropriate

coordination with all affected agencies in the implementation of

the program;

(6) certify that participating offenders will be supervised by

1 or more designated judges with responsibility for the drug

court program;

(7) specify plans for obtaining necessary support and

continuing the proposed program following the conclusion of

Federal support; and

(8) describe the methodology that will be used in evaluating

the program.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2954, as added Pub. L. 107-273, div.

B, title II, Sec. 2301(a), Nov. 2, 2002, 116 Stat. 1796.)

-End-

-CITE-

42 USC Sec. 3797u-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XVI - DRUG COURTS

-HEAD-

Sec. 3797u-4. Applications

-STATUTE-

To request funds under this subchapter, the chief executive or

the chief justice of a State or the chief executive or judge of a

unit of local government or Indian tribal government, or the chief

judge of a State court or the judge of a local court or Indian

tribal court shall submit an application to the Attorney General in

such form and containing such information as the Attorney General

may reasonably require.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2955, as added Pub. L. 107-273, div.

B, title II, Sec. 2301(a), Nov. 2, 2002, 116 Stat. 1797.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3797u-5 of this title.

-End-

-CITE-

42 USC Sec. 3797u-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XVI - DRUG COURTS

-HEAD-

Sec. 3797u-5. Federal share

-STATUTE-

(a) In general

The Federal share of a grant made under this subchapter may not

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

the application submitted under section 3797u-4 of this title for

the fiscal year for which the program receives assistance under

this subchapter, unless the Attorney General waives, wholly or in

part, the requirement of a matching contribution under this

section.

(b) In-kind contributions

In-kind contributions may constitute a portion of the non-Federal

share of a grant.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2956, as added Pub. L. 107-273, div.

B, title II, Sec. 2301(a), Nov. 2, 2002, 116 Stat. 1797.)

-End-

-CITE-

42 USC Sec. 3797u-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XVI - DRUG COURTS

-HEAD-

Sec. 3797u-6. Distribution and allocation

-STATUTE-

(a) Geographic distribution

The Attorney General shall ensure that, to the extent

practicable, an equitable geographic distribution of grant awards

is made.

(b) Minimum allocation

Unless all eligible applications submitted by any State or unit

of local government within such State for a grant under this

subchapter have been funded, such State, together with grantees

within the State (other than Indian tribes), shall be allocated in

each fiscal year under this subchapter not less than 0.50 percent

of the total amount appropriated in the fiscal year for grants

pursuant to this subchapter.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2957, as added Pub. L. 107-273, div.

B, title II, Sec. 2301(a), Nov. 2, 2002, 116 Stat. 1797.)

-End-

-CITE-

42 USC Sec. 3797u-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XVI - DRUG COURTS

-HEAD-

Sec. 3797u-7. Report

-STATUTE-

A State, Indian tribal government, or unit of local government

that receives funds under this subchapter during a fiscal year

shall submit to the Attorney General a description and an

evaluation report on a date specified by the Attorney General

regarding the effectiveness of this subchapter.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2958, as added Pub. L. 107-273, div.

B, title II, Sec. 2301(a), Nov. 2, 2002, 116 Stat. 1797.)

-End-

-CITE-

42 USC Sec. 3797u-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XVI - DRUG COURTS

-HEAD-

Sec. 3797u-8. Technical assistance, training, and evaluation

-STATUTE-

(a) Technical assistance and training

The Attorney General may provide technical assistance and

training in furtherance of the purposes of this subchapter.

(b) Evaluations

In addition to any evaluation requirements that may be prescribed

for grantees (including uniform data collection standards and

reporting requirements), the Attorney General shall carry out or

make arrangements for evaluations of programs that receive support

under this subchapter.

(c) Administration

The technical assistance, training, and evaluations authorized by

this section may be carried out directly by the Attorney General,

in collaboration with the Secretary of Health and Human Services,

or through grants, contracts, or other cooperative arrangements

with other entities.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2959, as added Pub. L. 107-273, div.

B, title II, Sec. 2301(a), Nov. 2, 2002, 116 Stat. 1797.)

-End-

-CITE-

42 USC SUBCHAPTER XVII - OFFENDER REENTRY AND COMMUNITY

SAFETY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XVII - OFFENDER REENTRY AND COMMUNITY SAFETY

-HEAD-

SUBCHAPTER XVII - OFFENDER REENTRY AND COMMUNITY SAFETY

-End-

-CITE-

42 USC Sec. 3797w 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XVII - OFFENDER REENTRY AND COMMUNITY SAFETY

-HEAD-

Sec. 3797w. Adult and juvenile offender State and local reentry

demonstration projects

-STATUTE-

(a) Grant authorization

The Attorney General shall make grants of up to $1,000,000 to

States, Territories, and Indian tribes, in partnership with units

of local government and nonprofit organizations, for the purpose of

establishing adult and juvenile offender reentry demonstration

projects.

(b) Adult offender reentry demonstration projects

Funds for adult offender demonstration projects may be expended

for -

(1) oversight/monitoring of released offenders;

(2) substance abuse treatment and aftercare, mental and medical

health treatment and aftercare, vocational and basic educational

training, and other programming to promote effective

reintegration into the community as needed;

(3) convening community impact panels, victim impact panels or

victim impact educational classes; and

(4) establishing and implementing graduated sanctions and

incentives.

(c) Juvenile offender reentry demonstration projects

Funds for the juvenile offender reentry demonstration projects

may be expended for -

(1) providing returning juvenile offenders with drug and

alcohol testing and treatment and mental and medical health

assessment and services;

(2) convening victim impact panels, restorative justice panels,

or victim impact educational classes for juvenile offenders;

(3) oversight/monitoring of released juvenile offenders; and

(4) providing for the planning of reentry services when the

youth is initially incarcerated and coordinating the delivery of

community-based services, such as education, family involvement

and support, and other services as needed.

(d) Submission of application

In addition to any other requirements that may be specified by

the Attorney General, an application for a grant under this

subchapter (!1) shall -

(1) describe a long-term strategy and detailed implementation

plan, including how the jurisdiction plans to pay for the program

after the Federal funding ends;

(2) identify the governmental and community agencies that will

be coordinated by this project;

(3) certify that there has been appropriate consultation with

all affected agencies and there will be appropriate coordination

with all affected agencies in the implementation of the program,

including existing community corrections and parole; and

(4) describe the methodology and outcome measures that will be

used in evaluating the program.

(e) Applicants

The applicants as designated under (!2) 3797(a) of this title -

(1) shall prepare the application as required under subsection

(!3) 3797(b) of this title; and

(2) shall administer grant funds in accordance with the

guidelines, regulations, and procedures promulgated by the

Attorney General, as necessary to carry out the purposes of this

subchapter.

(f) Matching funds

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

exceed 75 percent of the costs of the project funded under this

chapter unless the Attorney General waives, wholly or in part, the

requirements of this section.

(g) Reports

Each entity that receives a grant under this subchapter shall

submit to the Attorney General, for each year in which funds from a

grant received under this subchapter is expended, a description and

an evaluation report at such time and in such manner as the

Attorney General may reasonably require that contains -

(1) a summary of the activities carried out under the grant and

an assessment of whether such activities are meeting the needs

identified in the application funded under this subchapter; and

(2) such other information as the Attorney General may require.

(h) Authorization of appropriations

(1) In general

To carry out this section, there are authorized to be

appropriated $15,000,000 for fiscal year 2003, $15,500,000 for

fiscal year 2004, and $16,000,000 for fiscal year 2005.

(2) Limitations

Of the amount made available to carry out this section in any

fiscal year -

(A) not more than 2 percent or less than 1 percent may be

used by the Attorney General for salaries and administrative

expenses; and

(B) not more than 3 percent or less than 2 percent may be

used for technical assistance and training.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2976, as added Pub. L. 107-273, div.

B, title II, Sec. 2421(a), Nov. 2, 2002, 116 Stat. 1801.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (d), was in the original

"this subpart", and was translated as reading "this part", meaning

part FF of title I of Pub. L. 90-351, to reflect the probable

intent of Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3797w-1 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be followed by "section".

(!3) So in original. Probably should be "section".

-End-

-CITE-

42 USC Sec. 3797w-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XVII - OFFENDER REENTRY AND COMMUNITY SAFETY

-HEAD-

Sec. 3797w-1. State reentry project evaluation

-STATUTE-

(a) Evaluation

The Attorney General shall evaluate the demonstration projects

authorized by section 3797w of this title to determine their

effectiveness.

(b) Report

Not later than April 30, 2005, the Attorney General shall submit

a report to the Committees on the Judiciary of the House of

Representatives and the Senate containing -

(1) the findings of the evaluation required by subsection (a)

of this section; and

(2) any recommendations the Attorney General has with regard to

expanding, changing, or eliminating the demonstration projects.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2977, as added Pub. L. 107-273, div.

B, title II, Sec. 2421(a), Nov. 2, 2002, 116 Stat. 1802.)

-End-

-CITE-

42 USC SUBCHAPTER XVIII - CRIME FREE RURAL STATE GRANTS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XVIII - CRIME FREE RURAL STATE GRANTS

-HEAD-

SUBCHAPTER XVIII - CRIME FREE RURAL STATE GRANTS

-End-

-CITE-

42 USC Sec. 3797y 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XVIII - CRIME FREE RURAL STATE GRANTS

-HEAD-

Sec. 3797y. Grant authority

-STATUTE-

The Attorney General shall award grants to rural State criminal

justice agencies, Byrne agencies, or other agencies as designated

by the Governor of that State and approved by the Attorney General,

to develop rural States' capacity to assist local communities in

the prevention and reduction of crime, violence, and substance

abuse.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2985, as added Pub. L. 107-273, div.

C, title I, Sec. 11027(b), Nov. 2, 2002, 116 Stat. 1834.)

-End-

-CITE-

42 USC Sec. 3797y-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XVIII - CRIME FREE RURAL STATE GRANTS

-HEAD-

Sec. 3797y-1. Use of funds

-STATUTE-

(a) In general

A capacity building grant shall be used to develop a statewide

strategic plan as described in section 3797y-2 of this title to

prevent and reduce crime, violence, and substance abuse.

(b) Permissive use

A rural State may also use its grant to provide training and

technical assistance to communities and promote innovation in the

development of policies, technologies, and programs to prevent and

reduce crime.

(c) Data collection

A rural State may use up to 5 percent of the grant to assist

grant recipients in collecting statewide data related to the costs

of crime, violence, and substance abuse for purposes of supporting

the statewide strategic plan.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2986, as added Pub. L. 107-273, div.

C, title I, Sec. 11027(b), Nov. 2, 2002, 116 Stat. 1834.)

-End-

-CITE-

42 USC Sec. 3797y-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XVIII - CRIME FREE RURAL STATE GRANTS

-HEAD-

Sec. 3797y-2. Statewide strategic prevention plan

-STATUTE-

(a) In general

A statewide strategic prevention plan shall be used by the rural

State to assist local communities, both directly and through

existing State programs and services, in building comprehensive,

strategic, and innovative approaches to reducing crime, violence,

and substance abuse based on local conditions and needs.

(b) Goals

The plan must contain statewide long-term goals and measurable

annual objectives for reducing crime, violence, and substance

abuse.

(c) Accountability

The rural State shall be required to develop and report in its

plan relevant performance targets and measures for the goals and

objectives to track changes in crime, violence, and substance

abuse.

(d) Consultation

The rural State shall form a State crime free communities

commission that includes representatives of State and local

government, and community leaders who will provide advice and

recommendations on relevant community goals and objectives, and

performance targets and measures.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2987, as added Pub. L. 107-273, div.

C, title I, Sec. 11027(b), Nov. 2, 2002, 116 Stat. 1834.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3797y-1 of this title.

-End-

-CITE-

42 USC Sec. 3797y-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XVIII - CRIME FREE RURAL STATE GRANTS

-HEAD-

Sec. 3797y-3. Requirements

-STATUTE-

(a) Training and technical assistance

The rural State shall provide training and technical assistance,

including through such groups as the National Crime Prevention

Council, to assist local communities in developing Crime Prevention

Plans that reflect statewide strategic goals and objectives, and

performance targets and measures.

(b) Reports

The rural State shall provide a report on its statewide strategic

plan to the Attorney General, including information about -

(1) involvement of relevant State-level agencies to assist

communities in the development and implementation of their Crime

Prevention Plans;

(2) support for local applications for Community Grants; and

(3) community progress toward reducing crime, violence, and

substance abuse.

(c) Certification

Beginning in the third year of the program, States must certify

that the local grantee's project funded under the community grant

is generally consistent with statewide strategic goals and

objectives, and performance targets and measures.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2988, as added Pub. L. 107-273, div.

C, title I, Sec. 11027(b), Nov. 2, 2002, 116 Stat. 1835.)

-End-

-CITE-

42 USC Sec. 3797y-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER XVIII - CRIME FREE RURAL STATE GRANTS

-HEAD-

Sec. 3797y-4. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated $10,000,000 to carry out

this subchapter for each of fiscal years 2003, 2004, and 2005.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 2989, as added Pub. L. 107-273, div.

C, title I, Sec. 11027(b), Nov. 2, 2002, 116 Stat. 1835.)

-End-