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 CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

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CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

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Sec.

3701. Repealed.

SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS

3711. Establishment of Office of Justice Programs.

3712. Duties and functions of Assistant Attorney

General.

(a) Specific, general and delegated powers.

(b) Annual report to President and Congress.

3713. State grant program for training and prosecution

of computer crimes.

(a) In general.

(b) Use of grant amounts.

(c) Assurances.

(d) Matching funds.

(e) Authorization of appropriations.

(f) Grants to Indian tribes.

3714. Grant program for State and local domestic

preparedness support.

(a) In general.

(b) Use of grant amounts.

(c) Authorization of appropriations.

3715. Office of Justice Programs grants, cooperative

agreements, and contracts.

SUBCHAPTER II - NATIONAL INSTITUTE OF JUSTICE

3721. Statement of purpose.

3722. National Institute of Justice.

(a) Establishment; general authority of Attorney

General over Institute.

(b) Director of Institute; appointment by

President; authority; restrictions.

(c) Duties and functions.

(d) Criminal and civil justice research.

3723. Authority for 100 per centum grants.

3724. Repealed.

SUBCHAPTER III - BUREAU OF JUSTICE STATISTICS

3731. Statement of purpose.

3732. Bureau of Justice Statistics.

(a) Establishment.

(b) Appointment of Director; experience;

authority; restrictions.

(c) Duties and functions of Bureau.

(d) Justice statistical collection, analysis,

and dissemination.

(e) Furnishing of information, data, or reports

by Federal agencies.

(f) Consultation with representatives of State

and local government and judiciary.

3733. Authority for 100 per centum grants.

3734. Repealed.

3735. Use of data.

SUBCHAPTER IV - ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE

3741. Establishment of Bureau of Justice Assistance.

3742. Duties and functions of Director.

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

3750. Name of programs.

3750a. Grant authorization.

(a) Purpose.

(b) Grants.

3750b. Application.

(a) Submission.

(b) Content.

3750c. Award of grants.

(a) In general.

(b) Grant amounts.

(c) Multiple committees.

(d) Renewal of grants.

3750d. Authorization of appropriations.

PART A - DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT PROGRAM

3751. Description of drug control and system improvement

grant program.

(a) Purpose of program.

(b) Grants to States and units of local

government; purposes of grants.

(c) Program evaluation component; waiver.

3752. Eligibility.

3753. State applications.

3754. Grant limitations.

(a) Cost of identified uses.

(b) Administrative costs.

(c) Participation in State and Local Task Force

Program; use of grant.

(d) Conduct of evaluation expenses.

(e) Non-Federal portion costs.

(f) Programs already receiving funds.

3755. Review of State applications.

(a) Financial assistance upon approval of

application or amendment.

(b) Time limitation for approval; specific

reasons for disapproval.

(c) Limitation on use of grant funds for land

acquisition or construction projects.

(d) Reasonable notice and opportunity for

reconsideration before final disapproval.

3756. Allocation and distribution of funds under formula

grants.

(a) States.

(b) Units of local government.

(c) Programs eligible.

(d) Unneeded State allocated funds distributed

to units of local government.

(e) Funds not distributed.

(f) Testing certain sex offenders for human

immunodeficiency virus.

3757. State office.

3758. Distribution of grants to local government.

3759. Improvement of criminal justice records.

(a) Percentage allocation of funds.

(b) Includible improvements.

(c) Guidelines.

(d) Expenditures unwarranted in light of quality

of criminal justice records.

PART B - DISCRETIONARY GRANTS

SUBPART 1 - GRANTS TO PUBLIC AND PRIVATE ENTITIES

3760. Purposes.

(a) In general.

(b) Grants and contracts.

(c) Firearm safety education grants.

(d) Limitations as to non-governmental entities.

3761. Allocation of funds for grants.

3762. Limitation on use of discretionary grant funds.

SUBPART 2 - GRANTS TO PUBLIC AGENCIES

3762a. Correctional options grants.

(a) Authority to make grants.

(b) Selection of grantees.

(c) Consultations.

3762b. Allocation of funds; administrative provisions.

(a) Allocation of funds.

(b) Limit on grant share of cost.

(c) Rules; report; request for applications.

SUBPART 3 - GENERAL REQUIREMENTS

3763. Application requirements.

3764. Period of award.

PART C - ADMINISTRATIVE PROVISIONS

3766. Evaluation.

(a) Guidelines and comprehensive evaluations.

(b) Criteria for selecting programs for review.

(c) Annual report.

3766a. General provisions.

3766b. Reports.

SUBCHAPTER VI - CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT

PROGRAM

3769. Authority for payments.

3769a. Eligibility.

(a) Conditions.

(b) Development of plan; limitation of

assistance.

3769b. Application; approval; payment.

(a) Terms and conditions of application.

(b) Approval of application; criteria.

(c) Amount of payment; limitation.

(d) Amendment of application; approval.

3769c. Recapture provisions.

3769d. Clearinghouse on the construction and

modernization of criminal justice facilities.

(a) Functions; information.

(b) Authority of Director.

SUBCHAPTER VII - FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE

PERSONNEL

3771. Training and manpower development.

(a) Functions, powers, and duties of Director of

Federal Bureau of Investigation.

(b) General authority of Attorney General over

Director.

(c) Training programs for State and local

personnel at Federal Training Center.

(d) Rail carrier costs.

(e) Definitions.

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

3781. Repealed.

3782. Rules, regulations, and procedures; consultations

and establishment.

(a) General authorization of certain Federal

agencies.

(b) Continuing evaluation of selected programs

or projects; cost, effectiveness, impact

value, and comparative considerations;

annual performance report; assessment of

activity effectiveness; suspension of funds

for nonsubmission of report.

(c) Procedures for paperwork minimization and

prevention of duplication and delays in

award and expenditure of funds.

3783. Notice and hearing on denial or termination of

grant.

(a) Payments to recipients; limitation,

reduction, or termination.

(b) Notice of action; reasons for action;

hearing or investigation; finality of

findings and determinations; reasons in

detail for action without hearing.

(c) Rehearing; regulations and procedures;

presentation of additional information.

3784. Finality of determinations.

3785. Appellate court review.

(a) Jurisdiction of court of appeals; petition

for review; time for filing, copies;

record; objections before appropriate

agency.

(b) Determination by court of appeals:

conclusiveness of findings; remand;

conclusiveness of new or modified findings.

(c) Determination by court of appeals; Supreme

Court review.

3786. Delegation of functions.

3787. Subpoena power; employment of hearing officers;

authority to hold hearings.

3788. Personnel and administrative authority.

(a) Officers and employees of certain Federal

agencies; employment; compensation.

(b) Use of available services; reimbursement.

(c) Other Federal agency performance of

functions under this chapter;

reimbursement.

(d) Experts and consultants; compensation.

(e) Advisory committees; compensation and travel

expenses of committee members.

(f) Payments; installments; advances or

reimbursement; transportation and

subsistence expenses for attendance at

conferences or other assemblages.

(g) Voluntary services; status as Federal

employees; exceptions.

3789. Title to personal property.

3789a to

3789c. Repealed.

3789d. Prohibition of Federal control over State and

local criminal justice agencies; prohibition of

discrimination.

(a) General rule.

(b) Racial imbalance requirement restriction.

(c) Discrimination prohibited; notice of

non-compliance; suspension and restoration

of payments; hearing; civil action by

Attorney General; private action, attorney

fees, intervention by Attorney General.

3789e. Report to President and Congress.

3789f. Other administrative provisions.

(a) Recordkeeping requirement; scope of

disclosure; other sources of funds.

(b) Access to records for audit and examination.

(c) Audit and examination period after

completion of program or project.

(d) Recipients of assistance subject to

provisions of section.

(e) Revolving fund for acquisition of stolen

goods and property within Bureau of Justice

Assistance.

3789g. Confidentiality of information.

(a) Research or statistical information;

immunity from process; prohibition against

admission as evidence or use in any

proceedings.

(b) Criminal history information; disposition

and arrest data; procedures for collection,

storage, dissemination, and current status;

security and privacy; availability for law

enforcement, criminal justice, and other

lawful purposes; automated systems: review,

challenge, and correction of information.

(c) Criminal intelligence systems and

information; prohibition against violation

of privacy and constitutional rights of

individuals.

(d) Violations; fine as additional penalty.

3789h. Repealed.

3789i. Administration of juvenile delinquency programs.

3789j. Prohibition on land acquisition.

3789k. Prohibition on use of Central Intelligence Agency

services.

3789l. Indian liability waiver.

3789m. District of Columbia matching fund source.

3789n. Limitation on civil justice matters.

3789o. Repealed.

3789p. Accountability and oversight.

(a) Report by grant recipients.

(b) Report to Congress.

SUBCHAPTER IX - DEFINITIONS

3791. General provisions.

(a) Definitions.

(b) Data basis for definitions; reflection of

technical changes or modifications.

(c) Designation of public agencies for

undertaking a program or project.

SUBCHAPTER X - FUNDING

3793. Authorization of appropriations.

3793a,

3793b. Repealed.

SUBCHAPTER XI - CRIMINAL PENALTIES

3795. Misuse of Federal assistance.

3795a. Falsification or concealment of facts.

3795b. Conspiracy to commit offense against United

States.

SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS

PART A - DEATH BENEFITS

3796. Payment of death benefits.

(a) Amount; recipients.

(b) Benefits for permanent and total disability.

(c) Interim benefit payment.

(d) Deduction of interim payment.

(e) Repayment of interim payment; waiver.

(f) Reductions from final benefit payment.

(g) Execution or attachment prohibited.

(h) Consumer Price Index adjustment.

(i) Amount payable determined as of date of

death.

(j) Limitations on benefits.

3796a. Limitations on benefits.

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

officers who have died in line of duty.

3796b. Definitions.

3796c. Administrative provisions.

(a) Rules, regulations, and procedures.

(b) Use of State and local administrative and

investigative assistance.

(c) Use of appropriated funds to conduct

appeals.

3796c-1. Expedited payment for public safety officers

involved in the prevention, investigation,

rescue, or recovery efforts related to a

terrorist attack.

(a) In general.

(b) Definitions.

PART B - EDUCATIONAL ASSISTANCE TO DEPENDENTS OF CIVILIAN FEDERAL

LAW ENFORCEMENT OFFICERS KILLED OR DISABLED IN LINE OF DUTY

3796d. Purposes.

3796d-1. Basic eligibility.

(a) Benefits.

(b) Duration of benefits.

(c) Age limitation for dependent children.

3796d-2. Applications; approval.

(a) Application.

(b) Approval.

(c) Notification.

3796d-3. Regulations.

(a) In general.

(b) Sliding scale.

3796d-4. Discontinuation for unsatisfactory conduct or

progress.

3796d-5. Special rule.

(a) Retroactive eligibility.

(b) Retroactive assistance.

(c) Prospective assistance.

3796d-6. Definitions.

3796d-7. Authorization of appropriations.

SUBCHAPTER XII-A - REGIONAL INFORMATION SHARING SYSTEMS

3796h. Regional information sharing systems grants.

(a) Authority of Director.

(b) Purposes.

(c) Rules and regulations.

(d) Authorization of appropriation to the Bureau

of Justice Assistance.

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

TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE

3796aa. Function of Director.

3796aa-1. Description of grant program.

3796aa-2. Applications to receive grants.

3796aa-3. Review of applications.

(a) Eligibility for grants.

(b) Applications deemed approved.

(c) Reconsideration of applications.

3796aa-4. Repealed.

3796aa-5. Reports.

3796aa-6. Expenditure of grants; records.

(a) Identified uses.

(b) Administration.

(c) Records.

(d) Utilization of private sector.

3796aa-7. Repealed.

3796aa-8. Definitions.

SUBCHAPTER XII-C - RURAL DRUG ENFORCEMENT

3796bb. Rural drug enforcement assistance.

3796bb-1. Other requirements.

SUBCHAPTER XII-D - CRIMINAL CHILD SUPPORT ENFORCEMENT

3796cc. Grant authorization.

(a) In general.

(b) Uses of funds.

3796cc-1. State applications.

(a) In general.

(b) State office.

3796cc-2. Review of State applications.

(a) In general.

(b) Approval.

(c) Disapproval notice and reconsideration.

3796cc-3. Local applications.

(a) In general.

(b) Distribution to local entities.

3796cc-4. Distribution of funds.

3796cc-5. Evaluation.

(a) In general.

(b) Distribution.

(c) Administrative costs.

3796cc-6. "Local entity" defined.

SUBCHAPTER XII-E - PUBLIC SAFETY AND COMMUNITY POLICING; "COPS ON

THE BEAT"

3796dd. Authority to make public safety and community

policing grants.

(a) Grant authorization.

(b) Rehiring, hiring, and initial redeployment

grant projects.

(c) Troops-to-cops programs.

(d) Additional grant projects.

(e) Preferential consideration of applications

for certain grants.

(f) Technical assistance.

(g) Utilization of components.

(h) Minimum amount.

(i) Matching funds.

(j) Allocation of funds.

(k) Termination of grants for hiring officers.

3796dd-1. Applications.

(a) In general.

(b) Application.

(c) Contents.

(d) Special provisions.

3796dd-2. Renewal of grants.

(a) In general.

(b) Grants for hiring.

(c) Multiyear grants.

3796dd-3. Limitation on use of funds.

(a) Nonsupplanting requirement.

(b) Non-Federal costs.

(c) Hiring costs.

3796dd-4. Performance evaluation.

(a) Monitoring components.

(b) Evaluation components.

(c) Periodic review and reports.

3796dd-5. Revocation or suspension of funding.

3796dd-6. Access to documents.

(a) By Attorney General.

(b) By Comptroller General.

3796dd-7. General regulatory authority.

3796dd-8. Definitions.

SUBCHAPTER XII-F - JUVENILE ACCOUNTABILITY BLOCK GRANTS

3796ee. Program authorized.

(a) In general.

(b) Authorized activities.

(c) Definition.

3796ee-1. Tribal grant program authorized.

(a) In general.

(b) Eligibility.

(c) Awards.

(d) Guidelines.

3796ee-2. Grant eligibility.

(a) State eligibility.

(b) Local eligibility.

(c) Role of courts.

(d) Graduated sanctions.

(e) Discretionary use of sanctions.

(f) Definitions.

3796ee-3. Allocation and distribution of funds.

(a) State allocation.

(b) Local distribution.

(c) Unavailability of data for units of local

government.

(d) Local government with allocations less than

$10,000.

(e) Direct grants to specially qualified units.

3796ee-4. Guidelines.

(a) In general.

(b) Advisory board.

3796ee-5. Payment requirements.

(a) Timing of payments.

(b) Repayment of unexpended amounts.

(c) Administrative costs.

(d) Nonsupplanting requirement.

(e) Matching funds.

3796ee-6. Utilization of private sector.

3796ee-7. Administrative provisions.

(a) In general.

(b) Chapter provisions.

3796ee-8. Assessment reports.

(a) Reports to Attorney General.

(b) Reports to Congress.

3796ee-9. Definitions.

3796ee-10. Authorization of appropriations.

(a) In general.

(b) Oversight accountability and administration.

(c) Tribal set-aside.

SUBCHAPTER XII-G - RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE

PRISONERS

3796ff. Grant authorization.

(a) In general.

(b) Consultation.

(c) Additional use of funds.

3796ff-1. State applications.

(a) In general.

(b) Substance abuse testing requirement.

(c) Eligibility for preference with aftercare

component.

(d) Coordination of Federal assistance.

(e) State office.

(f) Use of grant amounts for nonresidential

aftercare services.

3796ff-2. Review of State applications.

(a) In general.

(b) Approval.

(c) Restriction.

(d) Disapproval notice and reconsideration.

3796ff-3. Allocation and distribution of funds.

(a) Allocation.

(b) Federal share.

(c) Local allocation.

3796ff-4. Evaluation.

SUBCHAPTER XII-H - GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

3796gg. Purpose of program and grants.

(a) General program purpose.

(b) Purposes for which grants may be used.

(c) State coalition grants.

3796gg-0. Establishment of Violence Against Women Office.

(a) In general.

(b) Separate office.

(c) Jurisdiction.

3796gg-0a. Director of Violence Against Women Office.

(a) Appointment.

(b) Other employment.

(c) Vacancy.

(d) Compensation.

3796gg-0b. Duties and functions of Director of Violence

Against Women Office.

3796gg-0c. Staff of Violence Against Women Office.

3796gg-0d. Authorization of appropriations.

3796gg-1. State grants.

(a) General grants.

(b) Amounts.

(c) Qualification.

(d) Application requirements.

(e) Disbursement.

(f) Federal share.

(g) Indian tribes.

(h) Grantee reporting.

3796gg-2. Definitions.

3796gg-3. General terms and conditions.

(a) Nonmonetary assistance.

(b) Reporting.

(c) Regulations or guidelines.

3796gg-4. Rape exam payments.

(a) Restriction of funds.

(b) Medical costs.

3796gg-5. Costs for criminal charges and protection orders.

(a) In general.

(b) Redistribution.

(c) Definition.

3796gg-6. Legal assistance for victims.

(a) In general.

(b) Definitions.

(c) Legal assistance for victims grants.

(d) Eligibility.

(e) Evaluation.

(f) Authorization of appropriations.

3796gg-7. Education and training to end violence against and

abuse of women with disabilities.

(a) In general.

(b) Priorities.

(c) Uses of grants.

(d) Authorization of appropriations.

SUBCHAPTER XII-I - GRANTS TO ENCOURAGE ARREST POLICIES AND

ENFORCEMENT OF PROTECTION ORDERS

3796hh. Grants.

(a) Purpose.

(b) Grant authority.

(c) Eligibility.

(d) Definition.

(e) Allotment for Indian tribes.

3796hh-1. Applications.

(a) Application.

(b) Priority.

(c) Dissemination of information.

3796hh-2. Reports.

3796hh-3. Regulations or guidelines.

3796hh-4. Definitions.

SUBCHAPTER XII-J - MENTAL HEALTH COURTS

3796ii. Grant authority.

3796ii-1. Definitions.

3796ii-2. Administration.

(a) Consultation.

(b) Use of components.

(c) Regulatory authority.

(d) Applications.

3796ii-3. Applications.

3796ii-4. Federal share.

3796ii-5. Geographic distribution.

3796ii-6. Report.

3796ii-7. Technical assistance, training, and evaluation.

(a) Technical assistance and training.

(b) Evaluations.

(c) Administration.

SUBCHAPTER XII-K - FAMILY SUPPORT

3796jj. Duties.

3796jj-1. General authorization.

3796jj-2. Uses of funds.

(a) In general.

(b) Required activities.

(c) Optional activities.

3796jj-3. Applications.

3796jj-4. Award of grants; limitation.

(a) Grant distribution.

(b) Duration.

(c) Limitation.

3796jj-5. Discretionary research grants.

3796jj-6. Reports.

3796jj-7. Definitions.

SUBCHAPTER XII-L - DNA IDENTIFICATION GRANTS

3796kk. Grant authorization.

3796kk-1. Applications.

3796kk-2. Application requirements.

3796kk-3. Administrative provisions.

(a) Regulation authority.

(b) Award authority.

(c) Technical assistance.

3796kk-4. Restrictions on use of funds.

(a) Federal share.

(b) Administrative costs.

3796kk-5. Reports.

(a) Reports to Attorney General.

(b) Reports to Congress.

3796kk-6. Expenditure records.

(a) Records.

(b) Access.

SUBCHAPTER XII-M - MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR

VESTS

3796ll. Program authorized.

(a) In general.

(b) Uses of funds.

(c) Preferential consideration.

(d) Minimum amount.

(e) Maximum amount.

(f) Matching funds.

(g) Allocation of funds.

3796ll-1. Applications.

(a) In general.

(b) Regulations.

(c) Eligibility.

(d) Applications in conjunction with purchases.

3796ll-2. Definitions.

3796ll-3. James Guelff and Chris McCurley Body Armor Act of

2002.

(a) Short title.

(b) Findings.

(c) Definitions.

(d) Amendment of sentencing guidelines with

respect to body armor.

(e) Omitted.

(f) Donation of Federal surplus body armor.

SUBCHAPTER XIII - TRANSITION; EFFECTIVE DATE; REPEALER

3797. Continuation of rules, authorities, and

proceedings.

(a) Continuing status until otherwise affected.

(b) Obligation by Director of National Institute

of Justice of previously appropriated

unused or reversionary funds for

continuation of research and development

projects or purposes of this chapter.

(c) Obligation by Director of Bureau of Justice

Statistics of pre-fiscal year 1980

appropriated funds for statistical projects

or purposes of this chapter.

(d) Obligation by Administrator of Law

Enforcement Assistance Administration of

previously appropriated unused or

reversionary funds or presently

appropriated funds for continuation of

projects or purposes of this chapter.

(e) Pending suits, actions, or other proceedings

unaffected.

(f) Appropriated funds available for audit

matters and continuing programs and

projects.

(g) Transfer of personnel pursuant to

performance-of-functions standard;

determination of interim positions for

Administrator and Deputy Administrators by

Attorney General.

(h) Unobligated funds of a State or unit of

local government available for cost of any

program or project.

(i) State criminal justice council as the State

planning agency for carrying out

predecessor provisions.

(j) Construction project funding for additional

two years.

SUBCHAPTER XIV - MATCHING GRANT PROGRAM FOR SCHOOL SECURITY

3797a. Program authorized.

(a) In general.

(b) Uses of funds.

(c) Preferential consideration.

(d) Matching funds.

(e) Equitable distribution.

(f) Administrative costs.

3797b. Applications.

(a) In general.

(b) Guidelines.

3797c. Annual report to Congress.

3797d. Definitions.

3797e. Authorization of appropriations.

SUBCHAPTER XV - PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS

3797j. Grant authorization.

3797k. Applications.

3797l. Allocation.

(a) In general.

(b) State defined.

3797m. Use of grants.

(a) In general.

(b) Permitted categories of funding.

(c) Facilities costs.

(d) Administrative costs.

3797n. Administrative provisions.

(a) Regulations.

(b) Expenditure records.

3797o. Reports.

(a) Reports to Attorney General.

(b) Reports to Congress.

SUBCHAPTER XVI - DRUG COURTS

3797u. Grant authority.

(a) In general.

(b) Limitation.

3797u-1. Prohibition of participation by violent offenders.

3797u-2. Definition.

(a) In general.

(b) Definition for purposes of juvenile drug

courts.

3797u-3. Administration.

(a) Consultation.

(b) Use of components.

(c) Regulatory authority.

(d) Applications.

3797u-4. Applications.

3797u-5. Federal share.

(a) In general.

(b) In-kind contributions.

3797u-6. Distribution and allocation.

(a) Geographic distribution.

(b) Minimum allocation.

3797u-7. Report.

3797u-8. Technical assistance, training, and evaluation.

(a) Technical assistance and training.

(b) Evaluations.

(c) Administration.

SUBCHAPTER XVII - OFFENDER REENTRY AND COMMUNITY SAFETY

3797w. Adult and juvenile offender State and local

reentry demonstration projects.

(a) Grant authorization.

(b) Adult offender reentry demonstration

projects.

(c) Juvenile offender reentry demonstration

projects.

(d) Submission of application.

(e) Applicants.

(f) Matching funds.

(g) Reports.

(h) Authorization of appropriations.

3797w-1. State reentry project evaluation.

(a) Evaluation.

(b) Report.

SUBCHAPTER XVIII - CRIME FREE RURAL STATE GRANTS

3797y. Grant authority.

3797y-1. Use of funds.

(a) In general.

(b) Permissive use.

(c) Data collection.

3797y-2. Statewide strategic prevention plan.

(a) In general.

(b) Goals.

(c) Accountability.

(d) Consultation.

3797y-3. Requirements.

(a) Training and technical assistance.

(b) Reports.

(c) Certification.

3797y-4. Authorization of appropriations.

-COD-

CODIFICATION

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

1968, comprising this chapter, was originally enacted by Pub. L.

90-351, June 19, 1968, 82 Stat. 197, and amended by Pub. L. 91-644,

Jan. 2, 1971, 84 Stat. 1880; Pub. L. 93-83, Aug. 6, 1973, 87 Stat.

197; Pub. L. 93-415, Sept. 7, 1974, 88 Stat. 1109; Pub. L. 94-237,

Mar. 19, 1976, 90 Stat. 241; Pub. L. 94-273, Apr. 21, 1976, 90

Stat. 375; Pub. L. 94-430, Sept. 29, 1976, 90 Stat. 1346; Pub. L.

94-503, Oct. 15, 1976, 90 Stat. 2407; Pub. L. 95-115, Oct. 3, 1977,

91 Stat. 1048. Such title is shown herein, however, as having been

added by Pub. L. 96-157, Dec. 27, 1979, 93 Stat. 1167, without

reference to such intervening amendments because of the extensive

revision of the title's provisions by Pub. L. 96-157.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 5119b, 10501 of this

title.

-End-

-CITE-

42 USC Sec. 3701 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

-HEAD-

Sec. 3701. Repealed. Pub. L. 98-473, title II, Sec. 602, Oct. 12,

1984, 98 Stat. 2077

-MISC1-

Section, Pub. L. 90-351, title I, Sec. 100, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1169, set out the

Congressional findings, declaration of policy, and statement of

purpose for this chapter.

A prior section 3701, Pub. L. 90-351, title I, Sec. 100, June 19,

1968, 82 Stat. 197; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat.

197; Pub. L. 93-415, title V, Sec. 541, Sept. 7, 1974, 88 Stat.

1142; Pub. L. 94-503, title I, Sec. 101, Oct. 15, 1976, 90 Stat.

2407, set out the Congressional findings, declaration of policy,

and statement of purpose in enacting this chapter, prior to the

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

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 I - OFFICE OF JUSTICE PROGRAMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS

-HEAD-

SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS

-End-

-CITE-

42 USC Sec. 3711 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS

-HEAD-

Sec. 3711. Establishment of Office of Justice Programs

-STATUTE-

There is hereby established an Office of Justice Programs within

the Department of Justice under the general authority of the

Attorney General. The Office of Justice Programs (hereinafter

referred to in this chapter as the "Office") shall be headed by an

Assistant Attorney General (hereinafter in this chapter referred to

as the "Assistant Attorney General") appointed by the President, by

and with the advice and consent of the Senate.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 101, as added Pub. L. 98-473, title

II, Sec. 603(a), Oct. 12, 1984, 98 Stat. 2077.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

title", meaning title I of Pub. L. 90-351, as added by Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1167, as amended, which is

classified principally to this chapter. For complete classification

of title I to the Code, see Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 3711, Pub. L. 90-351, title I, Sec. 101, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1170, established

Law Enforcement Assistance Administration, prior to the general

amendment of this subchapter by Pub. L. 98-473.

Another prior section 3711, Pub. L. 90-351, title I, Sec. 101,

June 19, 1968, 82 Stat. 198; Pub. L. 91-644, title I, Sec. 2, Jan.

2, 1971, 84 Stat. 1881; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87

Stat. 197; Pub. L. 94-503, title I, Secs. 102, 103, Oct. 15, 1976,

90 Stat. 2407, established Law Enforcement Assistance

Administration and Office of Community Anti-Crime Programs, prior

to the general amendment of this chapter by Pub. L. 96-157.

EFFECTIVE DATE

Section 609AA of Pub. L. 98-473 provided that:

"(a) Except as provided in subsection (b), this division and the

amendments made by this title [probably means division, see Short

Title of 1984 Amendment note below] shall take effect on the date

of the enactment of this joint resolution [Oct. 12, 1984] or

October 1, 1984, whichever is later.

"(b)(1) The amendment made by section 609F [amending sections

3796 to 3796c of this title] shall take effect on October 1, 1984,

and shall not apply with respect to injuries sustained before

October 1, 1984.

"(2) Section 609Z [repealing section 204 of Pub. L. 98-411, which

had amended sections 3796 to 3796b of this title and enacted

provisions set out as a note under section 3796 of this title]

shall take effect on October 1, 1984."

SHORT TITLE OF 2002 AMENDMENTS

Pub. L. 107-273, div. A, title IV, Sec. 401, Nov. 2, 2002, 116

Stat. 1789, provided that: "This title [enacting sections 3796gg-0

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 3796gg-0 of this title] may be cited as the 'Violence

Against Women Office Act'."

Pub. L. 107-273, div. B, title II, Sec. 2001, Nov. 2, 2002, 116

Stat. 1792, provided that: "This title [enacting subchapter XVI of

this chapter and sections 3797w and 3797w-1 of this title, amending

sections 285o-2, 3793, 3796ff, 3796ff-1, and 3797ff-3 of this

title, sections 3565 and 3583 of Title 18, Crimes and Criminal

Procedure, and section 823 of Title 21, Food and Drugs, and

enacting provisions set out as notes under sections 3722 and 3797u

of this title and section 3601 of Title 18] may be cited as the

'Drug Abuse Education, Prevention, and Treatment Act of 2002'."

Pub. L. 107-273, div. C, title I, Sec. 11027(a), Nov. 2, 2002,

116 Stat. 1834, provided that: "This section [enacting subchapter

XVIII of this chapter] may be cited as the 'Crime-Free Rural States

Act of 2002'."

Pub. L. 107-273, div. C, title II, Sec. 12101, Nov. 2, 2002, 116

Stat. 1859, provided that: "This subtitle [subtitle A (Secs. 12101,

12102) of title II of div. C of Pub. L. 107-273, enacting

subchapter XII-F of this chapter and provisions set out as a note

under section 3796ee of this title] may be cited as the

'Consequences for Juvenile Offenders Act of 2002'."

Pub. L. 107-196, Sec. 1, June 24, 2002, 116 Stat. 719, provided

that: "This Act [amending sections 3796 and 3796b of this title and

enacting provisions set out as a note under section 3796 of this

title] may be cited as the 'Mychal Judge Police and Fire Chaplains

Public Safety Officers' Benefit Act of 2002'."

SHORT TITLE OF 2000 AMENDMENTS

Pub. L. 106-572, Sec. 1, Dec. 28, 2000, 114 Stat. 3058, provided

that: "This Act [enacting section 3713 of this title] may be cited

as the 'Computer Crime Enforcement Act'."

Pub. L. 106-561, Sec. 1, Dec. 21, 2000, 114 Stat. 2787, provided

that: "This Act [enacting subchapter XV of this chapter, amending

sections 3751, 3753, 3793, and 14601 of this title and section 983

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

set out as notes under section 14135 of this title and section 983

of Title 18] may be cited as the 'Paul Coverdell National Forensic

Sciences Improvement Act of 2000'."

Pub. L. 106-517, Sec. 1, Nov. 13, 2000, 114 Stat. 2407, provided

that: "This Act [amending sections 3793 and 3796ll to 3796ll-2 of

this title and enacting provisions set out as notes under sections

3796ll and 3796ll-2 of this title] may be cited as the 'Bulletproof

Vest Partnership Grant Act of 2000'."

Pub. L. 106-515, Sec. 1, Nov. 13, 2000, 114 Stat. 2399, provided

that: "This Act [enacting subchapter XII-J of this chapter,

amending section 3793 of this title, and enacting provisions set

out as a note under section 3796ii of this title] may be cited as

the 'America's Law Enforcement and Mental Health Project'."

Pub. L. 106-177, title I, Sec. 101, Mar. 10, 2000, 114 Stat. 35,

provided that: "This title [amending sections 3751, 10601, and

14601 of this title and enacting provisions set out as a note under

section 10601 of this title] may be cited as the 'Child Abuse

Prevention and Enforcement Act'."

SHORT TITLE OF 1998 AMENDMENTS

Pub. L. 105-390, Sec. 1, Nov. 13, 1998, 112 Stat. 3495, provided

that: "This Act [amending sections 3796d, 3796d-1, 3796d-3,

3796d-5, and 3796d-6 of this title] may be cited as the 'Police,

Fire, and Emergency Officers Educational Assistance Act of 1998'."

Pub. L. 105-181, Sec. 1, June 16, 1998, 112 Stat. 512, provided

that: "This Act [enacting subchapter XII-M of this chapter,

amending sections 3793 and 3797 of this title, and enacting

provisions set out as a note under section 3796ll of this title]

may be cited as the 'Bulletproof Vest Partnership Grant Act of

1998'."

Pub. L. 105-180, Sec. 1, June 16, 1998, 112 Stat. 511, provided

that: "This Act [amending sections 3796a-1 and 3796c of this title]

may be cited as the 'Care for Police Survivors Act of 1998'."

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-238, Sec. 1, Oct. 3, 1996, 110 Stat. 3114, provided

that: "This Act [enacting part B of subchapter XII of this chapter]

may be cited as the 'Federal Law Enforcement Dependents Assistance

Act of 1996'."

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-322, title I, Sec. 10001, Sept. 13, 1994, 108 Stat.

1807, provided that: "This title [enacting subchapter XII-E of this

chapter, amending sections 3793 and 3797 of this title, and

enacting provisions set out as a note under section 3796dd of this

title] may be cited as the 'Public Safety Partnership and Community

Policing Act of 1994'."

Pub. L. 103-322, title XXXII, Sec. 320701, Sept. 13, 1994, 108

Stat. 2121, provided that: "This subtitle [subtitle G (Secs.

320701, 320702) of title XXXII of Pub. L. 103-322, amending section

3760 of this title and enacting provisions set out as a note under

section 3760 of this title] may be cited as the 'Safer Streets and

Neighborhoods Act of 1994'."

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-570, title I, Sec. 1551, Oct. 27, 1986, 100 Stat.

3207-41, provided that: "This subtitle [subtitle K (Secs. 1551,

1552) of title I of Pub. L. 99-570, enacting subchapter XII-A of

this chapter and amending sections 3741, 3782, 3783, 3789, 3793,

and 3797 of this title] may be cited as the 'State and Local Law

Enforcement Assistance Act of 1986'."

SHORT TITLE OF 1984 AMENDMENT

Section 601 of Pub. L. 98-473 provided that: "This division

[division I (Secs. 601-609AA) of chapter VI of title II of Pub. L.

98-473, enacting chapter 111, this section, and sections 3712, 3741

to 3748, 3769 to 3769d, 3771, 3786 to 3789 of this title, amending

sections 3721, 3722, 3731, 3732, 3761 to 3766, 3782 to 3785, 3789d

to 3789g, 3789i, 3789l, 3791, 3793, 3795, 3795b, 3796 to 3796c, and

3797 of this title, sections 5314 and 5315 of Title 5, Government

Organization and Employees, and section 1761 of Title 18, Crimes

and Criminal Procedure, omitting sections 3713 and 3772 to 3775 of

this title, repealing sections 3701, 3724, 3734, 3751 to 3755,

3781, 3786 to 3789c, 3789h, 3789o, 3793b, and 3796 to 3796b of this

title, enacting provisions set out as notes under this section and

section 1028 of Title 18, and amending provisions set out as a note

under section 1761 of Title 18] may be cited as the 'Justice

Assistance Act of 1984'."

SHORT TITLE OF 1979 AMENDMENT

Section 1 of Pub. L. 96-157 provided: "That this Act [enacting

this chapter, amending sections 5314 and 5315 of Title 5,

Government Organization and Employees, section 1761 of Title 18,

Crimes and Criminal Procedure, and section 35 of Title 41, Public

Contracts, and enacting provisions set out as a note under section

1761 of Title 18] may be cited as the 'Justice System Improvement

Act of 1979'."

SHORT TITLE OF 1976 AMENDMENTS

Pub. L. 94-503, Sec. 1, Oct. 15, 1976, 90 Stat. 2407, provided:

"That this Act [enacting sections 3726 and 3739 of this title,

amending this section, sections 3701, 3721, 3723, 3724, 3725, 3731,

3732, 3733, 3734, 3736, 3737, 3738, 3742, 3750b, 3750d, 3751, 3755,

3757, 3763, 3766, 3767, 3768, 3769, 3781, 5633, 5635, and 5671 of

this title, and sections 5108, 5315, and 5316 of Title 5,

Government Organization and Employees, repealing section 3760 of

this title, and enacting provisions set out as notes under sections

501, 509, and 532 of Title 28, Judiciary and Judicial Procedure]

may be cited as the 'Crime Control Act of 1976'."

Pub. L. 94-430, Sec. 1, Sept. 29, 1976, 90 Stat. 1346, provided:

"That this Act [enacting sections 3796 to 3796c of this title,

amending section 3768 of this title, and enacting provisions set

out as notes under section 3796 of this title] may be cited as the

'Public Safety Officers' Benefits Act of 1976'."

SHORT TITLE OF 1973 AMENDMENT

Pub. L. 93-83, Sec. 1, Aug. 6, 1973, 87 Stat. 197, provided:

"That this Act [enacting sections 3738, 3770, and 3771 of this

title, reenacting sections 3334(a), 3734, 3735, 3745, 3750, 3750a,

3751 to 3755, 3757 to 3759, 3761 to 3765, and 3792 of this title

and section 5314(55) of Title 5, Government Organization and

Employees, renumbering former section 3748 as 3747 and repealing

former section 3747 of this title, and amending this section,

sections 3701, 3721 to 3725, 3731 to 3733, 3736, 3737, 3741 to

3744, 3746, 3750b to 3750d, 3756, 3760, 3766 to 3769, 3781, 3791,

3793, and 3795 of this title, sections 5108(c)(10), 5315(90), and

5316(133) of Title 5, and section 484(n) of former Title 40, Public

Buildings, Property, and Works] may be cited as the 'Crime Control

Act of 1973'."

SHORT TITLE OF 1970 AMENDMENT

Pub. L. 91-644, Sec. 1, Jan. 2, 1971, 84 Stat. 1880, provided:

"That this Act [enacting sections 3747, 3748, 3750 to 3750d, 3791

to 3793, and 3795 of this title and sections 351 and 1752 of Title

18, Crimes and Criminal Procedure, amending this section, sections

3723, 3724, 3731, 3733, 3735, 3736, 3746, 3756, 3763 to 3765, 3767

to 3769, and 3781 of this title, sections 5108 and 5313 to 5316 of

Title 5, Government Organization and Employees, and sections 924,

3056, and 3731 of Title 18, enacting provisions set out as notes

under section 3731 of Title 18, amending provisions set out as

notes under section 2510 of Title 18, and repealing provisions set

out as notes under section 2510 of Title 18] may be cited as the

'Omnibus Crime Control Act of 1970'."

SHORT TITLE

Section 1 of Pub. L. 90-351, June 19, 1968, 82 Stat. 197,

provided: "That this Act [enacting this chapter, sections 5315(90),

5316(126), and 7313 of Title 5, Government Organization and

Employees, sections 921 to 928 (chapter 44), 2510 to 2520 (chapter

119), 3103a, 3501, and 3502 of Title 18, Crimes and Criminal

Procedure, and Appendix to Title 18, amending section 3334(a) of

this title, section 3731 of Title 18, and section 605 of Title 47,

Telegraphs, Telephones, and Radiotelegraphs, repealing sections 901

to 910 of Title 15, Commerce and Trade, enacting provisions set out

as notes under sections 7313 of Title 5, sections 921 and 2510 of

Title 18, and section 532 of Title 28, Judiciary and Judicial

Procedure, and repealing provisions set out as a note preceding

section 3001 of Title 18] may be cited as the 'Omnibus Crime

Control and Safe Streets Act of 1968'."

SEPARABILITY

Section 1601 of Pub. L. 90-351, title XI, June 19, 1968, 82 Stat.

239, provided that: "If the provisions of any part of this Act [see

Short Title note above] or any amendments made thereby or the

application thereof to any person or circumstances be held invalid,

the provisions of the other parts and their application to other

persons or circumstances shall not be affected thereby." [Another

section 1601 of Pub. L. 90-351 is classified to section 3796cc of

this title.]

REFERENCES IN OTHER LAWS

Section 609I of Pub. L. 98-473 provided that:

"(a) Any reference to the Law Enforcement Assistance

Administration, or to the Administrator of the Law Enforcement

Assistance Administration, in any law other than this Act [see

Short Title of 1984 Amendment note set out above] and the Omnibus

Crime Control and Safe Streets Act of 1968 [see Short Title note

set out above], applicable to activities, functions, powers, and

duties that after the date of the enactment of this Act [Oct. 12,

1984] are carried out by the Bureau of Justice Assistance shall be

deemed to be a reference to the Bureau of Justice Assistance, or to

the Director of the Bureau of Justice Assistance, as the case may

be.

"(b) Any reference to the Office of Justice Assistance, Research,

and Statistics, or to the Director of the Office of Justice

Assistance, Research, and Statistics, in any law other than this

Act and the Omnibus Crime Control and Safe Streets Act of 1968,

applicable to activities, functions, powers, and duties that after

the date of the enactment of this Act are carried out by the Office

of Justice Programs, the Bureau of Justice Assistance, the Bureau

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

Office of Juvenile Justice Delinquency Prevention shall be deemed

to be a reference to the Office of Justice Programs, the Bureau of

Justice Assistance, the Bureau of Justice Statistics, National

Institute of Justice, or Office of Juvenile Justice Delinquency

Prevention, or to the Director of the Office of Justice Programs,

the Director of the Bureau of Justice Assistance, the Director of

the Bureau of Justice Statistics, the Director of the National

Institute of Justice, or the Administrator of the Office of

Juvenile Justice and Delinquency Prevention, as the case may be."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5603 of this title.

-End-

-CITE-

42 USC Sec. 3712 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS

-HEAD-

Sec. 3712. Duties and functions of Assistant Attorney General

-STATUTE-

(a) Specific, general and delegated powers

The Assistant Attorney General shall -

(1) publish and disseminate information on the conditions and

progress of the criminal justice systems;

(2) maintain liaison with the executive and judicial branches

of the Federal and State governments in matters relating to

criminal justice;

(3) provide information to the President, the Congress, the

judiciary, State and local governments, and the general public

relating to criminal justice;

(4) maintain liaison with public and private educational and

research institutions, State and local governments, and

governments of other nations relating to criminal justice;

(5) coordinate and provide staff support to coordinate the

activities of the Office and the Bureau of Justice Assistance,

the National Institute of Justice, the Bureau of Justice

Statistics, and the Office of Juvenile Justice and Delinquency

Prevention; and

(6) exercise such other powers and functions as may be vested

in the Assistant Attorney General pursuant to this chapter or by

delegation of the Attorney General.

(b) Annual report to President and Congress

The Assistant Attorney General shall submit an annual report to

the President and to the Congress not later than March 31 of each

year.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 102, as added Pub. L. 98-473, title

II, Sec. 603(a), Oct. 12, 1984, 98 Stat. 2078; amended Pub. L.

107-296, title II, Sec. 236, Nov. 25, 2002, 116 Stat. 2162.)

-MISC1-

PRIOR PROVISIONS

A prior section 3712, Pub. L. 90-351, title I, Sec. 102, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1170, described

duties and functions of Administrator of Law Enforcement Assistance

Administration, prior to the general amendment of this subchapter

by Pub. L. 98-473.

AMENDMENTS

2002 - Subsec. (a)(5). Pub. L. 107-296 inserted "coordinate and"

before "provide".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE

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

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

-End-

-CITE-

42 USC Sec. 3713 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS

-HEAD-

Sec. 3713. State grant program for training and prosecution of

computer crimes

-STATUTE-

(a) In general

Subject to the availability of amounts provided in advance in

appropriations Acts, the Office of Justice Programs shall make a

grant to each State, which shall be used by the State, in

conjunction with units of local government, State and local courts,

other States, or combinations thereof in accordance with subsection

(b) of this section.

(b) Use of grant amounts

Grants under this section may be used to establish and develop

programs to -

(1) assist State and local law enforcement agencies in

enforcing State and local criminal laws relating to computer

crime;

(2) assist State and local law enforcement agencies in

educating the public to prevent and identify computer crime;

(3) educate and train State and local law enforcement officers

and prosecutors to conduct investigations and forensic analyses

of evidence and prosecutions of computer crime;

(4) assist State and local law enforcement officers and

prosecutors in acquiring computer and other equipment to conduct

investigations and forensic analysis of evidence of computer

crimes; and

(5) facilitate and promote the sharing of Federal law

enforcement expertise and information about the investigation,

analysis, and prosecution of computer crimes with State and local

law enforcement officers and prosecutors, including the use of

multijurisdictional task forces.

(c) Assurances

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

shall provide assurances to the Attorney General that the State -

(1) has in effect laws that penalize computer crime, such as

criminal laws prohibiting -

(A) fraudulent schemes executed by means of a computer system

or network;

(B) the unlawful damaging, destroying, altering, deleting,

removing of computer software, or data contained in a computer,

computer system, computer program, or computer network; or

(C) the unlawful interference with the operation of or denial

of access to a computer, computer program, computer system, or

computer network;

(2) an assessment of the State and local resource needs,

including criminal justice resources being devoted to the

investigation and enforcement of computer crime laws; and

(3) a plan for coordinating the programs funded under this

section with other federally funded technical assistant and

training programs, including directly funded local programs such

as 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) Matching funds

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

exceed 90 percent of the costs of a program or proposal funded

under this section unless the Attorney General waives, wholly or in

part, the requirements of this subsection.

(e) Authorization of appropriations

(1) In general

There is authorized to be appropriated to carry out this

section $25,000,000 for each of fiscal years 2001 through 2004.

(2) Limitations

Of the amount made available to carry out this section in any

fiscal year not more than 3 percent may be used by the Attorney

General for salaries and administrative expenses.

(3) 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 0.75 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

each shall be allocated 0.25 percent.

(f) Grants to Indian tribes

Notwithstanding any other provision of this section, the Attorney

General may use amounts made available under this section to make

grants to Indian tribes for use in accordance with this section.

-SOURCE-

(Pub. L. 106-572, Sec. 2, Dec. 28, 2000, 114 Stat. 3058.)

-REFTEXT-

REFERENCES IN TEXT

The Departments of Commerce, Justice, and State, the Judiciary,

and Related Agencies Appropriations Act, 1998, referred to in

subsec. (c)(3), 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.

-COD-

CODIFICATION

Section was enacted as part of the Computer Crime Enforcement

Act, and not as part of title I of the Omnibus Crime Control and

Safe Streets Act of 1968 which comprises this chapter.

-MISC1-

PRIOR PROVISIONS

A prior section 3713, Pub. L. 90-351, title I, Sec. 103, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1170, provided for

an Office of Community Anti-Crime Programs, prior to the general

amendment of this subchapter by Pub. L. 98-473.

-End-

-CITE-

42 USC Sec. 3714 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS

-HEAD-

Sec. 3714. Grant program for State and local domestic preparedness

support

-STATUTE-

(a) In general

The Office for Domestic Preparedness of the Office of Justice

Programs shall make a grant to each State, which shall be used by

the State, in conjunction with units of local government, to

enhance the capability of State and local jurisdictions to prepare

for and respond to terrorist acts including events of terrorism

involving weapons of mass destruction and biological, nuclear,

radiological, incendiary, chemical, and explosive devices.

(b) Use of grant amounts

Grants under this section may be used to purchase needed

equipment and to provide training and technical assistance to State

and local first responders. In addition, grants under this section

may be used to construct, develop, expand, modify, operate, or

improve facilities to provide training or assistance to State and

local first responders.

(c) Authorization of appropriations

(1) In general

There is authorized to be appropriated to carry out this

section such sums as necessary for each of fiscal years 2002

through 2007.

(2) Limitations

Of the amount made available to carry out this section in any

fiscal year not more than 3 percent may be used by the Attorney

General for salaries and administrative expenses.

(3) Minimum amount

Each State shall be allocated in each fiscal year under this

section not less than 0.75 percent of the total amount

appropriated in the fiscal year for grants pursuant to this

section, except that the United States Virgin Islands, America

Samoa, Guam, and the Northern Mariana Islands each shall be

allocated not less than 0.25 percent.

-SOURCE-

(Pub. L. 107-56, title X, Sec. 1014, Oct. 26, 2001, 115 Stat. 399;

Pub. L. 107-273, div. C, title I, Sec. 11003, Nov. 2, 2002, 116

Stat. 1816.)

-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.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273, Sec. 11003(a)(1), which

directed amendment of subsec. (a) by substituting "Office for

Domestic Preparedness" for "Office of State and Local Domestic

Preparedness Support", was executed by making the substitution for

"Office for State and Local Domestic Preparedness Support" to

reflect the probable intent of Congress.

Subsec. (b). Pub. L. 107-273, Sec. 11003(b), inserted at end "In

addition, grants under this section may be used to construct,

develop, expand, modify, operate, or improve facilities to provide

training or assistance to State and local first responders."

Subsec. (c)(3). Pub. L. 107-273, Sec. 11003(a)(2), inserted "not

less than" before "0.25 percent".

-TRANS-

TRANSFER OF FUNCTIONS

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

the Office for Domestic Preparedness of the Office of Justice

Programs, including the functions of the Attorney General relating

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

of related references, see sections 203(5), 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.

-End-

-CITE-

42 USC Sec. 3715 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS

-HEAD-

Sec. 3715. Office of Justice Programs grants, cooperative

agreements, and contracts

-STATUTE-

Notwithstanding any other provision of law, during any fiscal

year the Attorney General -

(1) may make grants, or enter into cooperative agreements and

contracts, for the Office of Justice Programs and the component

organizations of that Office (including, notwithstanding any

contrary provision of law (unless the same should expressly refer

to this section), any organization that administers any program

established in title 1 of Public Law 90-351);(!1) and

(2) shall have final authority over all functions, including

any grants, cooperative agreements, and contracts made, or

entered into, for the Office of Justice Programs and the

component organizations of that Office (including,

notwithstanding any contrary provision of law (unless the same

should expressly refer to this section), any organization that

administers any program established in title 1 of Public Law

90-351).(!1)

-SOURCE-

(Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 112], Oct. 21,

1998, 112 Stat. 2681-50, 2681-67; Pub. L. 107-56, title VI, Sec.

614, Oct. 26, 2001, 115 Stat. 370; Pub. L. 107-273, div. A, title

II, Sec. 205(d), Nov. 2, 2002, 116 Stat. 1778.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 90-351, referred to in pars. (1) and (2), 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. Title 1 of

Public Law 90-351 probably means title I of the Act which is

classified principally to this chapter. 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 Department of Justice

Appropriations Act, 1999, and also as part of the Omnibus

Consolidated and Emergency Supplemental Appropriations Act, 1999,

and not as part of title I of the Omnibus Crime Control and Safe

Streets Act of 1968 which comprises this chapter.

Section was formerly classified as a note under section 3712 of

this title.

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-273 substituted "any fiscal year the Attorney

General - " for "fiscal year 1999, the Assistant Attorney General

for the Office of Justice Programs of the Department of Justice - "

in introductory provisions.

2001 - Par. (1). Pub. L. 107-56, Sec. 614(1), inserted

"(including, notwithstanding any contrary provision of law (unless

the same should expressly refer to this section), any organization

that administers any program established in title 1 of Public Law

90-351)" after "that Office".

Par. (2). Pub. L. 107-56, Sec. 614, inserted "functions,

including any" after "all" and "(including, notwithstanding any

contrary provision of law (unless the same should expressly refer

to this section), any organization that administers any program

established in title 1 of Public Law 90-351)" after "that Office".

OFFICE OF JUSTICE PROGRAMS GRANTS, COOPERATIVE AGREEMENTS, AND

CONTRACTS

Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 108(a)],

Nov. 29, 1999, 113 Stat. 1535, 1501A-20, as amended by Pub. L.

107-56, title VI, Sec. 614, Oct. 26, 2001, 115 Stat. 370, provided

that: "Notwithstanding any other provision of law, for fiscal year

2000, the Assistant Attorney General for the Office of Justice

Programs of the Department of Justice -

"(1) may make grants, or enter into cooperative agreements and

contracts, for the Office of Justice Programs and the component

organizations of that Office (including, notwithstanding any

contrary provision of law (unless the same should expressly refer

to this section), any organization that administers any program

established in title 1 of Public Law 90-351 [see References in

Text note above]); and

"(2) shall have final authority over all functions, including

any grants, cooperative agreements and contracts made, or entered

into, for the Office of Justice Programs and the component

organizations of that Office (including, notwithstanding any

contrary provision of law (unless the same should expressly refer

to this section), any organization that administers any program

established in title 1 of Public Law 90-351 [see References in

Text note above]), except for grants made under the provisions of

sections 201, 202, 301, and 302 of the Omnibus Crime Control and

Safe Streets Act of 1968 [42 U.S.C. 3721, 3722, 3731, 3732], as

amended; and sections 204(b)(3), 241(e)(1), 243(a)(1), 243(a)(14)

and 287A(3) of the Juvenile Justice and Delinquency Prevention

Act of 1974 [42 U.S.C. 5614(b)(3) and former 42 U.S.C.

5651(e)(1), 5653(a)(1), (14), 5667d-1(3)], as amended."

[Pub. L. 106-553, Sec. 1(a)(2) [title I, Sec. 108], Dec. 21,

2000, 114 Stat. 2762, 2762A-67, provided that: "Section 108(a) of

the Departments of Commerce, Justice, and State, the Judiciary, and

Related Agencies Appropriations Act, 2000 (as enacted into law by

section 1000(a)(1) of Public Law 106-113) [set out above] shall

apply for fiscal year 2001 and thereafter."]

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC SUBCHAPTER II - NATIONAL INSTITUTE OF JUSTICE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER II - NATIONAL INSTITUTE OF JUSTICE

-HEAD-

SUBCHAPTER II - NATIONAL INSTITUTE OF JUSTICE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3797 of this title.

-End-

-CITE-

42 USC Sec. 3721 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER II - NATIONAL INSTITUTE OF JUSTICE

-HEAD-

Sec. 3721. Statement of purpose

-STATUTE-

It is the purpose of this subchapter to establish a National

Institute of Justice, which shall provide for and encourage

research and demonstration efforts for the purpose of -

(1) improving Federal, State, and local criminal justice

systems and related aspects of the civil justice system;

(2) preventing and reducing crimes;

(3) insuring citizen access to appropriate dispute-resolution

forums; and

(4) identifying programs of proven effectiveness, programs

having a record of proven success, or programs which offer a high

probability of improving the functioning of the criminal justice

system.

The Institute shall have authority to engage in and encourage

research and development to improve and strengthen the criminal

justice system and related aspects of the civil justice system and

to disseminate the results of such efforts to Federal, State, and

local governments, to evaluate the effectiveness of programs funded

under this chapter, to develop and demonstrate new or improved

approaches and techniques, to improve and strengthen the

administration of justice, and to identify programs or projects

carried out under this chapter which have demonstrated success in

improving the quality of justice systems and which offer the

likelihood of success if continued or repeated. In carrying out the

provisions of this subchapter, the Institute shall give primary

emphasis to the problems of State and local justice systems and

shall insure that there is a balance between basic and applied

research.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 201, as added Pub. L. 96-157, Sec.

2, Dec. 27, 1979, 93 Stat. 1172; amended Pub. L. 98-473, title II,

Sec. 604(a), Oct. 12, 1984, 98 Stat. 2078.)

-MISC1-

PRIOR PROVISIONS

A prior section 3721, Pub. L. 90-351, title I, Sec. 201, June 19,

1968, 82 Stat. 198; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat.

197; Pub. L. 94-503, title I, Sec. 104, Oct. 15, 1976, 90 Stat.

2408, set out Congressional statement of purpose in providing for a

program of planning grants, prior to the general amendment of this

chapter by Pub. L. 96-157.

AMENDMENTS

1984 - Pub. L. 98-473 redesignated par. (5) as (4), struck out

former par. (4) relating to improvement of efforts to detect,

investigate, prosecute, and otherwise combat and prevent

white-collar crime and public corruption, and in closing provisions

struck out "to develop alternatives to judicial resolution of

disputes," after "local governments,", and inserted "and

demonstrate" after "to develop".

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.

ASSESSING AND REDUCING THREAT TO LAW ENFORCEMENT OFFICERS FROM

CRIMINAL USE OF FIREARMS AND AMMUNITION

Pub. L. 104-132, title VIII, Sec. 809, Apr. 24, 1996, 110 Stat.

1311, provided that:

"(a) The Secretary of the Treasury, in conjunction with the

Attorney General, shall conduct a study and make recommendations

concerning -

"(1) the extent and nature of the deaths and serious injuries,

in the line of duty during the last decade, for law enforcement

officers, including -

"(A) those officers who were feloniously killed or seriously

injured and those that died or were seriously injured as a

result of accidents or other non-felonious causes;

"(B) those officers feloniously killed or seriously injured

with firearms, those killed or seriously injured with,

separately, handguns firing handgun caliber ammunition,

handguns firing rifle caliber ammunition, rifles firing rifle

caliber ammunition, rifles firing handgun caliber ammunition

and shotguns;

"(C) those officers feloniously killed or seriously injured

with firearms, and killings or serious injuries committed with

firearms taken by officers' assailants from officers, and those

committed with other officers' firearms; and

"(D) those killed or seriously injured because shots

attributable to projectiles defined as 'armor piercing

ammunition' under section 921(a)(17)(B)(i) and (ii) of title

18, United States Code, pierced the protective material of

bullet resistant vests and bullet resistant headgear;

"(2) whether current passive defensive strategies, such as body

armor, are adequate to counter the criminal use of firearms

against law officers; and

"(3) the calibers of ammunition that are -

"(A) sold in the greatest quantities;

"(B) their common uses, according to consultations with

industry, sporting organizations and law enforcement;

"(C) the calibers commonly used for civilian defensive or

sporting uses that would be affected by any prohibition on

non-law enforcement sales of such ammunition, if such

ammunition is capable of penetrating minimum level bullet

resistant vests; and

"(D) recommendations for increase in body armor capabilities

to further protect law enforcement from threat.

"(b) In conducting the study, the Secretary shall consult with

other Federal, State and local officials, non-governmental

organizations, including all national police organizations,

national sporting organizations and national industry associations

with expertise in this area and such other individuals as shall be

deemed necessary. Such study shall be presented to Congress twelve

months after the enactment of this Act [Apr. 24, 1996] and made

available to the public, including any data tapes or data used to

form such recommendations.

"(c) There are authorized to be appropriated for the study and

recommendations such sums as may be necessary."

NATIONAL COMMISSION TO SUPPORT LAW ENFORCEMENT

Pub. L. 101-647, title XXXIV, Nov. 29, 1990, 104 Stat. 4918, as

amended by Pub. L. 103-322, title XXVI, Sec. 260002, Sept. 13,

1994, 108 Stat. 2089, provided that:

"SEC. 3401. CONGRESSIONAL FINDINGS.

"The Congress finds that -

"(1) law enforcement officers risk their lives daily to protect

citizens, for modest rewards and too little recognition;

"(2) a significant shift has occurred in the problems that law

enforcement officers face without a corresponding change in the

support from the Federal Government;

"(3) law enforcement officers are on the front line in the war

against drugs and crime;

"(4) the rate of violent crime continues to increase along with

the increase in drug use;

"(5) a large percentage of individuals arrested test positive

for drug usage;

"(6) the Presidential Commission on Law Enforcement and the

Administration of Justice of 1965 focused attention on many

issues affecting law enforcement, and a review 25 years later

would help to evaluate current problems, including drug-related

crime, violence, racial conflict, and decreased funding; and

"(7) a comprehensive study of law enforcement issues, including

the role of the Federal Government in supporting law enforcement

officers, working conditions, and responsibility for crime

control would assist in redefining the relationships between the

Federal Government, the public, and law enforcement officials.

"SEC. 3402. ESTABLISHMENT.

"There is hereby established the National Commission to Support

Law Enforcement (hereafter in this title referred to as the

'Commission').

"SEC. 3403. DUTIES.

"(a) In General. - The Commission shall study and include in the

report made under section 3407 recommendations for changes

regarding law enforcement agencies and law enforcement issues on

the Federal, State, and local levels, including the following:

"(1) Funding. - The sufficiency of funding, including a review

of grant programs at the Federal level.

"(2) Employment. - The conditions of law enforcement

employment.

"(3) Information. - The effectiveness of information-sharing

systems, intelligence, infrastructure, and procedures among law

enforcement agencies of Federal, State, and local governments.

"(4) Research and training. - The status of law enforcement

research and education and training.

"(5) Equipment and resources. - The adequacy of equipment,

physical resources, and human resources.

"(6) Cooperation. - The cooperation among Federal, State, and

local law enforcement agencies.

"(7) Responsibility. - The responsibility of governments and

law enforcement agencies in solving the crime problem.

"(8) Impact. - The impact of the criminal justice system,

including court schedules and prison overcrowding, on law

enforcement.

"(b) Consultation. - The Commission shall conduct surveys and

consult with focus groups of law enforcement officers, local

officials, and community leaders across the Nation to obtain

information and seek advice on important law enforcement issues.

"SEC. 3404. MEMBERSHIP.

"(a) [Repealed. Pub. L. 103-322, title XXVI, Sec. 260002, Sept.

13, 1994, 108 Stat. 2089.]

"(b) Compensation. -

"(1) In general. - Members of the Commission shall receive no

additional pay, allowances, or benefits by reason of service on

the Commission.

"(2) Travel expenses. - Each member of the Commission shall

receive travel expenses, including per diem in lieu of

subsistence, in accordance with sections 5702 and 5703 of title

5, United States Code.

"SEC. 3405. EXPERTS AND CONSULTANTS.

"(a) Experts and Consultants. - The Commission may procure

temporary and intermittent services under section 3109(b) of title

5, United States Code.

"(b) Staff of Federal Agencies. - Upon request of the Commission,

the head of any Federal agency is authorized to detail, on a

reimbursable basis, any of the personnel of that agency to the

Commission to assist the Commission in carrying out its duties

under this title.

"(c) Administrative Support. - The Administrator of General

Services shall provide to the Commission, on a reimbursable basis,

administrative support services as the Commission may request.

"SEC. 3406. POWERS OF COMMISSION.

"(a) Hearings. - The Commission may, for purposes of this title,

hold hearings, sit and act at the times and places, take testimony,

and receive evidence, as the Commission considers appropriate.

"(b) Delegation of Authority. - Any member or agent of the

Commission may, if authorized by the Commission, take any action

the Commission is authorized to take by this section.

"(c) Information. - The Commission may secure directly from any

Federal agency information necessary to enable it to carry out this

title. Upon request of the chairperson of the Commission, the head

of an agency shall furnish the information to the Commission to the

extent permitted by law.

"(d) Gifts and Donations. - The Commission may accept, use, and

dispose of gifts or donations of services or property.

"(e) Mails. - The Commission may use the United States mails in

the same manner and under the same conditions as other Federal

agencies.

"SEC. 3407. REPORT.

"Not later than the expiration of the 18-month period beginning

on the date of the enactment of this title [Nov. 29, 1990], the

Commission shall submit to the Congress a report containing the

findings of the Commission and specific proposals for legislation

and administrative actions that the Commission has determined to be

appropriate.

"SEC. 3408. TERMINATION.

"The Commission shall cease to exist upon the expiration of the

60-day period beginning on the date on which the Commission submits

its report under section 3407."

Pub. L. 101-515, title II, Sec. 211(B), Nov. 5, 1990, 104 Stat.

2122, as amended by Pub. L. 103-322, title XXVI, Sec. 260001, Sept.

13, 1994, 108 Stat. 2088; Pub. L. 104-316, title I, Sec. 122(m),

Oct. 19, 1996, 110 Stat. 3838, provided that:

"(B)(a) This subsection may be cited as the 'National Commission

to Support Law Enforcement Act'.

"(b) The Congress finds that -

"(1) law enforcement officers risk their lives daily to protect

citizens, for modest rewards and too little recognition;

"(2) a significant shift has occurred in the problems that law

enforcement officers face without a corresponding change in the

support from the Federal Government;

"(3) law enforcement officers are on the front line in the war

against drugs and crime;

"(4) the rate of violent crime continues to increase along with

the increase in drug use;

"(5) a large percentage of individuals arrested test positive

for drug usage;

"(6) the Presidential Commission on Law Enforcement and the

Administration of Justice of 1965 focused attention on many

issues affecting law enforcement, and a review twenty-five years

later would help to evaluate current problems, including

drug-related crime, violence, racial conflict, and decrease[d]

funding; and

"(7) a comprehensive study of law enforcement issues, including

the role of the Federal Government in supporting law enforcement

officers, working conditions, and responsibility for crime

control would assist in redefining the relationships between the

Federal Government, the public, and law enforcement officials.

"(c) There is established a national commission to be known as

the 'National Commission to Support Law Enforcement' (referred to

in this section as the 'Commission').

"(d) The Commission shall study and recommend changes regarding

law enforcement agencies and law enforcement issues on the Federal,

State, and local levels, including the following:

"(1) The sufficiency of funding, including a review of grant

programs at the Federal level.

"(2) The conditions of law enforcement employment.

"(3) The effectiveness of information-sharing systems,

intelligence, infrastructure, and procedures among law

enforcement agencies of Federal, State, and local governments.

"(4) The status of law enforcement research and education and

training.

"(5) The adequacy of equipment, physical resources, and human

resources.

"(6) The cooperation among Federal, State, and local law

enforcement agencies.

"(7) The responsibility of governments and law enforcement

agencies in solving the crime problem.

"(8) The impact of the criminal justice system, including court

schedules and prison overcrowding, on law enforcement.

"(e) The Commission shall conduct surveys and consult with focus

groups of law enforcement officers, local officials, and community

leaders across the Nation to obtain information and seek advice on

important law enforcement issues.

"(f) Number and Appointment. -

"(1) In general. - The Commission shall be composed of 29

members as follows:

"(A) Nine individuals appointed from national law enforcement

organizations representing law enforcement officers, of whom -

"(i) two shall be appointed by the Speaker of the House of

Representatives;

"(ii) two shall be appointed by the majority leader of the

Senate;

"(iii) two shall be appointed by the minority leader of the

House of Representatives;

"(iv) two shall be appointed by the minority leader of the

Senate; and

"(v) one shall be appointed by the President.

"(B) Nine individuals appointed from national law enforcement

organizations representing law enforcement management, of whom

-

"(i) two shall be appointed by the Speaker of the House of

Representatives;

"(ii) two shall be appointed by the majority leader of the

Senate;

"(iii) two shall be appointed by the minority leader of the

House of Representatives;

"(iv) two shall be appointed by the minority leader of the

Senate; and

"(v) one shall be appointed by the President.

"(C) Two individuals appointed with academic expertise

regarding law enforcement issues, of whom -

"(i) one shall be appointed by the Speaker of the House of

Representatives and the majority leader of the Senate; and

"(ii) one shall be appointed by the minority leader of the

Senate and the minority leader of the House of

Representatives.

"(D) Two Members of the House of Representatives, appointed

by the Speaker and the minority leader of the House of

Representatives.

"(E) Two Members of the Senate, appointed by the majority

leader and the minority leader of the Senate.

"(F) One individual from the Department of Justice, appointed

by the President.

"(G) Two individuals representing a State or local

governmental entity, such as a Governor, mayor, or State

attorney general, to be appointed jointly by the majority

leader and the minority leader of the Senate.

"(H) Two individuals representing a State or local

governmental entity, such as a Governor, mayor, or State

attorney general, to be appointed jointly by the Speaker and

the minority leader of the House of Representatives.

"(2) Comptroller general. - The Comptroller General may serve

in an advisory capacity, may oversee the methodology, and may

approve of the Commission study.

"(3) Chairperson. - Upon their appointment the members of the

Commission shall select one of their number to act as

chairperson.

"(4) Appointment date. - Members of the Commission shall be

appointed no later than 90 days after the enactment of this Act

[probably means enactment of Pub. L. 103-322, which was approved

Sept. 13, 1994].

"(g)(1) Members of the Commission shall receive no additional

pay, allowance, or benefit by reason of service on the Commission.

"(2) Each member of the Commission shall receive travel expenses,

including per diem in lieu of subsistence, in accordance with

sections 5702 and 5703 of title 5, United States Code.

"(h) The Commission may procure temporary and intermittent

services under section 3109(b) of title 5, United States Code.

"(i) Upon request of the Commission, the head of any Federal

agency is authorized to detail, on a reimbursable basis, any of the

personnel of that agency to the Commission to assist the Commission

in carrying out its duties under this section.

"(j) The Administrator of General Services shall provide to the

Commission, on a reimbursable basis, administrative support

services as the Commission may request.

"(k) The Commission may, for purposes of this section, hold

hearings, sit and act at the times and places, take testimony, and

receive evidence, as the Commission considers appropriate.

"(l) Any member or agent of the Commission may, if authorized by

the Commission, take any action the Commission is authorized to

take by this section.

"(m) The Commission may secure directly from any Federal agency

information necessary to enable it to carry out this section. Upon

request of the chairperson of the Commission, the head of an agency

shall furnish the information to the Commission to the extent

permitted by law.

"(n) The Commission may accept, use, and dispose of gifts or

donations of services or property.

"(o) The Commission may use the United States mails in the same

manner and under the same conditions as other Federal agencies.

"(p) Not later than March 31, 1996, the Commission shall submit

to the Congress a report containing the findings of the Commission

and specific proposals for legislation and administrative actions

that the Commission has determined to be appropriate.

"(q) The Commission shall cease to exist upon the expiration of

the sixty-day period beginning on the date on which the Commission

submits its report under subsection (p)."

-End-

-CITE-

42 USC Sec. 3722 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER II - NATIONAL INSTITUTE OF JUSTICE

-HEAD-

Sec. 3722. National Institute of Justice

-STATUTE-

(a) Establishment; general authority of Attorney General over

Institute

There is established within the Department of Justice, under the

general authority of the Attorney General, a National Institute of

Justice (hereinafter referred to in this subchapter as the

"Institute").

(b) Director of Institute; appointment by President; authority;

restrictions

The Institute shall be headed by a Director appointed by the

President, by and with the advice and consent of the Senate. The

Director shall have had experience in justice research. The

Director shall report to the Attorney General through the Assistant

Attorney General. The Director shall have final authority over all

grants, cooperative agreements, and contracts awarded by the

Institute. The Director shall not engage in any other employment

than that of serving as Director; nor shall the Director hold any

office in, or act in any capacity for, any organization, agency, or

institution with which the Institute makes any contract or other

arrangement under this chapter.

(c) Duties and functions

The Institute is authorized to -

(1) make grants to, or enter into cooperative agreements or

contracts with, public agencies, institutions of higher

education, private organizations, or individuals to conduct

research, demonstrations, or special projects pertaining to the

purposes described in this subchapter, and provide technical

assistance and training in support of tests, demonstrations, and

special projects;

(2) conduct or authorize multiyear and short-term research and

development concerning the criminal and civil justice systems in

an effort -

(A) to identify alternative programs for achieving system

goals;

(B) to provide more accurate information on the causes and

correlates of crime;

(C) to analyze the correlates of crime and juvenile

delinquency and provide more accurate information on the causes

and correlates of crime and juvenile delinquency;

(D) to improve the functioning of the criminal justice

system;

(E) to develop new methods for the prevention and reduction

of crime, including the development of programs to facilitate

cooperation among the States and units of local government, the

detection and apprehension of criminals, the expeditious,

efficient, and fair disposition of criminal and juvenile

delinquency cases, the improvement of police and minority

relations, the conduct of research into the problems of victims

and witnesses of crime, the feasibility and consequences of

allowing victims to participate in criminal justice

decisionmaking, the feasibility and desirability of adopting

procedures and programs which increase the victim's

participation in the criminal justice process, the reduction in

the need to seek court resolution of civil disputes, and the

development of adequate corrections facilities and effective

programs of correction; and

(F) to develop programs and projects to improve and expand

the capacity of States and units of local government and

combinations of such units, to detect, investigate, prosecute,

and otherwise combat and prevent white-collar crime and public

corruption, to improve and expand cooperation among the Federal

Government, States, and units of local government in order to

enhance the overall criminal justice system response to

white-collar crime and public corruption, and to foster the

creation and implementation of a comprehensive national

strategy to prevent and combat white-collar crime and public

corruption.

In carrying out the provisions of this subsection, the Institute

may request the assistance of both public and private research

agencies;

(3) evaluate the effectiveness, including cost effectiveness

where practical, of projects or programs carried out under this

chapter;

(4) make recommendations for action which can be taken by

Federal, State, and local governments and by private persons and

organizations to improve and strengthen criminal and civil

justice systems;

(5) provide research fellowships and clinical internships and

carry out programs of training and special workshops for the

presentation and dissemination of information resulting from

research, demonstrations, and special projects including those

authorized by this subchapter;

(6) collect and disseminate information obtained by the

Institute or other Federal agencies, public agencies,

institutions of higher education, and private organizations

relating to the purposes of this subchapter;

(7) serve as a national and international clearinghouse for the

exchange of information with respect to the purposes of this

subchapter;

(8) after consultation with appropriate agencies and officials

of States and units of local government, make recommendations for

the designation of programs or projects which will be effective

in improving the functioning of the criminal justice system, for

funding as discretionary grants under subchapter V of this

chapter;

(9) encourage, assist, and serve in a consulting capacity to

Federal, State, and local justice system agencies in the

development, maintenance, and coordination of criminal and civil

justice programs and services; and

(10) research and development of tools and technologies

relating to prevention, detection, investigation, and prosecution

of crime; and

(11) support research, development, testing, training, and

evaluation of tools and technology for Federal, State, and local

law enforcement agencies.

(d) Criminal and civil justice research

To insure that all criminal and civil justice research is carried

out in a coordinated manner, the Director is authorized to -

(1) utilize, with their consent, the services, equipment,

personnel, information, and facilities of other Federal, State,

local, and private agencies and instrumentalities with or without

reimbursement therefor;

(2) confer with and avail itself of the cooperation, services,

records, and facilities of State or of municipal or other local

agencies;

(3) request such information, data, and reports from any

Federal agency as may be required to carry out the purposes of

this section, and the agencies shall provide such information to

the Institute as required to carry out the purposes of this

subchapter;

(4) seek the cooperation of the judicial branches of Federal

and State Government in coordinating civil and criminal justice

research and development; and

(5) exercise the powers and functions set out in subchapter

VIII of this chapter.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 202, as added Pub. L. 96-157, Sec.

2, Dec. 27, 1979, 93 Stat. 1172; amended Pub. L. 98-473, title II,

Sec. 604(b), Oct. 12, 1984, 98 Stat. 2078; Pub. L. 103-322, title

XXXIII, Sec. 330001(h)(1), Sept. 13, 1994, 108 Stat. 2139; Pub. L.

107-296, title II, Sec. 237, Nov. 25, 2002, 116 Stat. 2162.)

-MISC1-

PRIOR PROVISIONS

A prior section 3722, Pub. L. 90-351, title I, Sec. 202, June 19,

1968, 82 Stat. 198; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat.

198, provided for making of grants to State planning agencies,

prior to the general amendment of this chapter by Pub. L. 96-157.

AMENDMENTS

2002 - Subsec. (c)(3). Pub. L. 107-296, Sec. 237(1), inserted ",

including cost effectiveness where practical," after "evaluate the

effectiveness".

Subsec. (c)(10), (11). Pub. L. 107-296, Sec. 237(2), added pars.

(10) and (11).

1994 - Subsec. (c)(2)(E). Pub. L. 103-322 substituted "crime,"

for "crime,,".

1984 - Subsec. (b). Pub. L. 98-473, Sec. 604(b)(1), required

Director to report to Attorney General through Assistant Attorney

General.

Subsec. (c)(2)(A). Pub. L. 98-473, Sec. 604(b)(2)(A)(i), struck

out ", including programs authorized by section 3713 of this title"

after "system goals".

Subsec. (c)(2)(E). Pub. L. 98-473, Sec. 604(b)(2)(A)(ii), struck

out "the prevention and reduction of parental kidnaping" after

"reduction of crime,".

Subsec. (c)(3). Pub. L. 98-473, Sec. 604(b)(2)(B), substituted

"chapter" for "subchapter".

Subsec. (c)(4) to (7). Pub. L. 98-473, Sec. 604(b)(2)(C), (F),

redesignated pars. (5) to (8) as (4) to (7), respectively, and

struck out former par. (4) relating to evaluation of programs and

projects under other subchapters of this chapter to determine their

impact upon criminal and civil justice systems and achievement of

purposes and policies of this chapter and for dissemination of

information.

Subsec. (c)(8). Pub. L. 98-473, Sec. 604(b)(2)(D)(i), (ii), (F),

redesignated par. (10) as (8) and, in par. (8) as so designated,

struck out "nationality priority grants under subchapter V of this

chapter and" after "for funding as" and substituted "subchapter V

of this chapter" for "subchapter VI of this chapter". Former par.

(8) redesignated (7).

Subsec. (c)(9). Pub. L. 98-473, Sec. 604(b)(2)(E), (F),

redesignated par. (11) as (9), and struck out former par. (9)

relating to a biennial report to President and Congress on state of

justice research.

Subsec. (c)(10), (11). Pub. L. 98-473, Sec. 604(b)(2)(F),

redesignated pars. (10) and (11) as (8) and (9), respectively.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

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.

REPORT ON DRUG-TESTING TECHNOLOGIES

Pub. L. 107-273, div. B, title II, Sec. 2201, Nov. 2, 2002, 116

Stat. 1793, provided that:

"(a) Requirement. - The National Institute of Justice shall

conduct a study of drug-testing technologies in order to identify

and assess the efficacy, accuracy, and usefulness for purposes of

the National effort to detect the use of illicit drugs of any

drug-testing technologies (including the testing of hair) that may

be used as alternatives or complements to urinalysis as a means of

detecting the use of such drugs.

"(b) Report. - Not later than 2 years after the date of enactment

of this Act [Nov. 2, 2002], the Institute shall submit to Congress

a report on the results of the study conducted under subsection

(a)."

ANTI-STALKING LEGISLATION EVALUATION, MODEL DEVELOPMENT,

DISSEMINATION AND REPORT

Pub. L. 102-395, title I, Sec. 109(b), Oct. 6, 1992, 106 Stat.

1842, directed Attorney General, acting through Director of

National Institute of Justice, to evaluate existing and proposed

anti-stalking legislation in the States, develop model

anti-stalking legislation that is constitutional and enforceable,

prepare and disseminate to State authorities the findings made as a

result of such evaluation, and report to Congress the findings and

the need or appropriateness of further action by the Federal

Government by Sept. 30, 1993.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5603 of this title.

-End-

-CITE-

42 USC Sec. 3723 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER II - NATIONAL INSTITUTE OF JUSTICE

-HEAD-

Sec. 3723. Authority for 100 per centum grants

-STATUTE-

A grant authorized under this subchapter may be up to 100 per

centum of the total cost of each project for which such grant is

made. The Institute shall require, whenever feasible, as a

condition of approval of a grant under this subchapter, that the

recipient contribute money, facilities, or services to carry out

the purposes for which the grant is sought.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 203, as added Pub. L. 96-157, Sec.

2, Dec. 27, 1979, 93 Stat. 1174.)

-MISC1-

PRIOR PROVISIONS

A prior section 3723, Pub. L. 90-351, title I, Sec. 203, June 19,

1968, 82 Stat. 199; Pub. L. 91-644, title I, Sec. 3(a)-(c), Jan. 2,

1971, 84 Stat. 1881; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat.

198; Pub. L. 93-415, title V, Sec. 542, Sept. 7, 1974, 88 Stat.

1142; Pub. L. 94-503, title I, Sec. 105, Oct. 15, 1976, 90 Stat.

2408; Pub. L. 95-115, Sec. 9(b), Oct. 3, 1977, 91 Stat. 1061,

provided for establishment of State planning agencies, prior to the

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

-End-

-CITE-

42 USC Sec. 3724 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER II - NATIONAL INSTITUTE OF JUSTICE

-HEAD-

Sec. 3724. Repealed. Pub. L. 98-473, title II, Sec. 604(c), Oct.

12, 1984, 98 Stat. 2079

-MISC1-

Section, Pub. L. 90-351, title I, Sec. 204, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1174, provided for a

National Institute of Justice Advisory Board, including the

establishment and composition of the Board, rules respecting

organization and procedure, term of office, duties of the Board,

and delegation of powers and duties to the Director.

Prior sections 3724 to 3726 were omitted in the general revision

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

Section 3724, Pub. L. 90-351, title I, Sec. 204, June 19, 1968,

82 Stat. 199; Pub. L. 91-644, title I, Sec. 3(d), Jan. 2, 1971, 84

Stat. 1881; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 199; Pub.

L. 94-503, title I, Sec. 106, Oct. 15, 1976, 90 Stat. 2410, related

to maximum percentage of Federal grant funds in expenses incurred

by States.

Section 3725, Pub. L. 90-351, title I, Sec. 205, June 19, 1968,

82 Stat. 199; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 199;

Pub. L. 94-503, title I, Sec. 107, Oct. 15, 1976, 90 Stat. 2410,

related to allocation of funds and reallocation of unused funds.

Section 3726, Pub. L. 90-351, title I, Sec. 206, as added Pub. L.

94-503, title I, Sec. 108, Oct. 15, 1976, 90 Stat. 2411, related to

advisory review of comprehensive statewide plans by States.

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 III - BUREAU OF JUSTICE STATISTICS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER III - BUREAU OF JUSTICE STATISTICS

-HEAD-

SUBCHAPTER III - BUREAU OF JUSTICE STATISTICS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3797 of this title.

-End-

-CITE-

42 USC Sec. 3731 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER III - BUREAU OF JUSTICE STATISTICS

-HEAD-

Sec. 3731. Statement of purpose

-STATUTE-

It is the purpose of this subchapter to provide for and encourage

the collection and analysis of statistical information concerning

crime, juvenile delinquency, and the operation of the criminal

justice system and related aspects of the civil justice system and

to support the development of information and statistical systems

at the Federal, State, and local levels to improve the efforts of

these levels of government to measure and understand the levels of

crime, juvenile delinquency, and the operation of the criminal

justice system and related aspects of the civil justice system. The

Bureau shall utilize to the maximum extent feasible State

governmental organizations and facilities responsible for the

collection and analysis of criminal justice data and statistics. In

carrying out the provisions of this subchapter, the Bureau shall

give primary emphasis to the problems of State and local justice

systems.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 301, as added Pub. L. 96-157, Sec.

2, Dec. 27, 1979, 93 Stat. 1176; amended Pub. L. 98-473, title II,

Sec. 605(a), Oct. 12, 1984, 98 Stat. 2079.)

-MISC1-

PRIOR PROVISIONS

A prior section 3731, Pub. L. 90-351, title I, Sec. 301, June 19,

1968, 82 Stat. 199; Pub. L. 91-644, title I, Sec. 4(1)-(4), Jan. 2,

1971, 84 Stat. 1882; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat.

199; Pub. L. 94-503, title I, Secs. 109, 128(b), Oct. 15, 1976, 90

Stat. 2411, 2424, related to purposes and categories of grants for

law enforcement and criminal justice purposes, prior to the general

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

AMENDMENTS

1984 - Pub. L. 98-473 struck out "(including white-collar crime

and public corruption)" after "information concerning crime" and

"(including crimes against the elderly, white-collar crime, and

public corruption)" after "levels of crime".

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. 3732 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER III - BUREAU OF JUSTICE STATISTICS

-HEAD-

Sec. 3732. Bureau of Justice Statistics

-STATUTE-

(a) Establishment

There is established within the Department of Justice, under the

general authority of the Attorney General, a Bureau of Justice

Statistics (hereinafter referred to in this subchapter as

"Bureau").

(b) Appointment of Director; experience; authority; restrictions

The Bureau shall be headed by a Director appointed by the

President, by and with the advice and consent of the Senate. The

Director shall have had experience in statistical programs. The

Director shall have final authority for all grants, cooperative

agreements, and contracts awarded by the Bureau. The Director shall

report to the Attorney General through the Assistant Attorney

General. The Director shall not engage in any other employment than

that of serving as Director; nor shall the Director hold any office

in, or act in any capacity for, any organization, agency, or

institution with which the Bureau makes any contract or other

arrangement under this Act.

(c) Duties and functions of Bureau

The Bureau is authorized to -

(1) make grants to, or enter into cooperative agreements or

contracts with public agencies, institutions of higher education,

private organizations, or private individuals for purposes

related to this subchapter; grants shall be made subject to

continuing compliance with standards for gathering justice

statistics set forth in rules and regulations promulgated by the

Director;

(2) collect and analyze information concerning criminal

victimization, including crimes against the elderly, and civil

disputes;

(3) collect and analyze data that will serve as a continuous

and comparable national social indication of the prevalence,

incidence, rates, extent, distribution, and attributes of crime,

juvenile delinquency, civil disputes, and other statistical

factors related to crime, civil disputes, and juvenile

delinquency, in support of national, State, and local justice

policy and decisionmaking;

(4) collect and analyze statistical information, concerning the

operations of the criminal justice system at the Federal, State,

and local levels;

(5) collect and analyze statistical information concerning the

prevalence, incidence, rates, extent, distribution, and

attributes of crime, and juvenile delinquency, at the Federal,

State, and local levels;

(6) analyze the correlates of crime, civil disputes and

juvenile delinquency, by the use of statistical information,

about criminal and civil justice systems at the Federal, State,

and local levels, and about the extent, distribution and

attributes of crime, and juvenile delinquency, in the Nation and

at the Federal, State, and local levels;

(7) compile, collate, analyze, publish, and disseminate uniform

national statistics concerning all aspects of criminal justice

and related aspects of civil justice, crime, including crimes

against the elderly, juvenile delinquency, criminal offenders,

juvenile delinquents, and civil disputes in the various States;

(8) recommend national standards for justice statistics and for

insuring the reliability and validity of justice statistics

supplied pursuant to this chapter;

(9) maintain liaison with the judicial branches of the Federal

and State Governments in matters relating to justice statistics,

and cooperate with the judicial branch in assuring as much

uniformity as feasible in statistical systems of the executive

and judicial branches;

(10) provide information to the President, the Congress, the

judiciary, State and local governments, and the general public on

justice statistics;

(11) establish or assist in the establishment of a system to

provide State and local governments with access to Federal

informational resources useful in the planning, implementation,

and evaluation of programs under this Act;

(12) conduct or support research relating to methods of

gathering or analyzing justice statistics;

(13) provide for the development of justice information systems

programs and assistance to the States and units of local

government relating to collection, analysis, or dissemination of

justice statistics;

(14) develop and maintain a data processing capability to

support the collection, aggregation, analysis and dissemination

of information on the incidence of crime and the operation of the

criminal justice system;

(15) collect, analyze and disseminate comprehensive Federal

justice transaction statistics (including statistics on issues of

Federal justice interest such as public fraud and high technology

crime) and to provide technical assistance to and work jointly

with other Federal agencies to improve the availability and

quality of Federal justice data;

(16) provide for the collection, compilation, analysis,

publication and dissemination of information and statistics about

the prevalence, incidence, rates, extent, distribution and

attributes of drug offenses, drug related offenses and drug

dependent offenders and further provide for the establishment of

a national clearinghouse to maintain and update a comprehensive

and timely data base on all criminal justice aspects of the drug

crisis and to disseminate such information;

(17) provide for the collection, analysis, dissemination and

publication of statistics on the condition and progress of drug

control activities at the Federal, State and local levels with

particular attention to programs and intervention efforts

demonstrated to be of value in the overall national anti-drug

strategy and to provide for the establishment of a national

clearinghouse for the gathering of data generated by Federal,

State, and local criminal justice agencies on their drug

enforcement activities;

(18) provide for the development and enhancement of State and

local criminal justice information systems, and the

standardization of data reporting relating to the collection,

analysis or dissemination of data and statistics about drug

offenses, drug related offenses, or drug dependent offenders;

(19) provide for research and improvements in the accuracy,

completeness, and inclusiveness of criminal history record

information, information systems, arrest warrant, and stolen

vehicle record information and information systems and support

research concerning the accuracy, completeness, and inclusiveness

of other criminal justice record information;

(20) maintain liaison with State and local governments and

governments of other nations concerning justice statistics;

(21) cooperate in and participate with national and

international organizations in the development of uniform justice

statistics;

(22) ensure conformance with security and privacy requirement

of section 3789g of this title and identify, analyze, and

participate in the development and implementation of privacy,

security and information policies which impact on Federal and

State criminal justice operations and related statistical

activities; and

(23) exercise the powers and functions set out in subchapter

VIII of this chapter.

(d) Justice statistical collection, analysis, and dissemination

To insure that all justice statistical collection, analysis, and

dissemination is carried out in a coordinated manner, the Director

is authorized to -

(1) utilize, with their consent, the services, equipment,

records, personnel, information, and facilities of other Federal,

State, local, and private agencies and instrumentalities with or

without reimbursement therefor, and to enter into agreements with

such agencies and instrumentalities for purposes of data

collection and analysis;

(2) confer and cooperate with State, municipal, and other local

agencies;

(3) request such information, data, and reports from any

Federal agency as may be required to carry out the purposes of

this chapter;

(4) seek the cooperation of the judicial branch of the Federal

Government in gathering data from criminal justice records; and

(5) encourage replication, coordination and sharing among

justice agencies regarding information systems, information

policy, and data.

(e) Furnishing of information, data, or reports by Federal agencies

Federal agencies requested to furnish information, data, or

reports pursuant to subsection (d)(3) of this section shall provide

such information to the Bureau as is required to carry out the

purposes of this section.

(f) Consultation with representatives of State and local government

and judiciary

In recommending standards for gathering justice statistics under

this section, the Director shall consult with representatives of

State and local government, including, where appropriate,

representatives of the judiciary.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 302, as added Pub. L. 96-157, Sec.

2, Dec. 27, 1979, 93 Stat. 1176; amended Pub. L. 98-473, title II,

Sec. 605(b), Oct. 12, 1984, 98 Stat. 2079; Pub. L. 100-690, title

VI, Sec. 6092(a), Nov. 18, 1988, 102 Stat. 4339; Pub. L. 103-322,

title XXXIII, Sec. 330001(h)(2), Sept. 13, 1994, 108 Stat. 2139.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (b) and (c)(11), 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 3732, Pub. L. 90-351, title I, Sec. 302, June 19,

1968, 82 Stat. 200; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat.

201; Pub. L. 94-503, title I, Sec. 110, Oct. 15, 1976, 90 Stat.

2412, related to establishment of State planning agencies to

develop comprehensive State plans for grants for law enforcement

and criminal justice purposes, prior to the general amendment of

this chapter by Pub. L. 96-157.

AMENDMENTS

1994 - Subsec. (c)(19). Pub. L. 103-322 substituted a semicolon

for period at end.

1988 - Subsec. (c)(16) to (23). Pub. L. 100-690 added pars. (16)

to (19) and redesignated former pars. (16) to (19) as (20) to (23),

respectively.

1984 - Subsec. (b). Pub. L. 98-473, Sec. 605(b)(1), inserted

provision requiring Director to report to Attorney General through

Assistant Attorney General.

Subsec. (c)(13). Pub. L. 98-473, Sec. 605(b)(2)(A), (C), added

par. (13) and struck out former par. (13) relating to provision of

financial and technical assistance to States and units of local

government relating to collection, analysis, or dissemination of

justice statistics.

Subsec. (c)(14), (15). Pub. L. 98-473, Sec. 605(b)(2)(C), added

pars. (14) and (15). Former pars. (14) and (15) redesignated (16)

and (17), respectively.

Subsec. (c)(16). Pub. L. 98-473, Sec. 605(b)(2)(A), (B),

redesignated par. (14) as (16) and struck out former par. (16)

relating to insuring conformance with security and privacy

regulations issued under section 3789g of this title.

Subsec. (c)(17). Pub. L. 98-473, Sec. 605(b)(2)(B), redesignated

par. (15) as (17). Former par. (17) redesignated (19).

Subsec. (c)(18). Pub. L. 98-473, Sec. 605(b)(2)(D), added par.

(18).

Subsec. (c)(19). Pub. L. 98-473, Sec. 605(b)(2)(B), redesignated

former par. (17) as (19).

Subsec. (d)(1). Pub. L. 98-473, Sec. 605(b)(3)(A), inserted ",

and to enter into agreements with such agencies and

instrumentalities for purposes of data collection and analysis".

Subsec. (d)(5). Pub. L. 98-473, Sec. 605(b)(3)(B)-(D), added par.

(5).

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.

STUDY OF CRIMES AGAINST SENIORS

Pub. L. 106-534, Sec. 5, Nov. 22, 2000, 114 Stat. 2557, provided

that:

"(a) In General. - The Attorney General shall conduct a study

relating to crimes against seniors, in order to assist in

developing new strategies to prevent and otherwise reduce the

incidence of those crimes.

"(b) Issues Addressed. - The study conducted under this section

shall include an analysis of -

"(1) the nature and type of crimes perpetrated against seniors,

with special focus on -

"(A) the most common types of crimes that affect seniors;

"(B) the nature and extent of telemarketing, sweepstakes, and

repair fraud against seniors; and

"(C) the nature and extent of financial and material fraud

targeted at seniors;

"(2) the risk factors associated with seniors who have been

victimized;

"(3) the manner in which the Federal and State criminal justice

systems respond to crimes against seniors;

"(4) the feasibility of States establishing and maintaining a

centralized computer database on the incidence of crimes against

seniors that will promote the uniform identification and

reporting of such crimes;

"(5) the effectiveness of damage awards in court actions and

other means by which seniors receive reimbursement and other

damages after fraud has been established; and

"(6) other effective ways to prevent or reduce the occurrence

of crimes against seniors."

INCLUSION OF SENIORS IN NATIONAL CRIME VICTIMIZATION SURVEY

Pub. L. 106-534, Sec. 6, Nov. 22, 2000, 114 Stat. 2557, provided

that: "Beginning not later than 2 years after the date of enactment

of this Act [Nov. 22, 2000], as part of each National Crime

Victimization Survey, the Attorney General shall include statistics

relating to -

"(1) crimes targeting or disproportionately affecting seniors;

"(2) crime risk factors for seniors, including the times and

locations at which crimes victimizing seniors are most likely to

occur; and

"(3) specific characteristics of the victims of crimes who are

seniors, including age, gender, race or ethnicity, and

socioeconomic status."

CRIME VICTIMS WITH DISABILITIES AWARENESS

Pub. L. 105-301, Oct. 27, 1998, 112 Stat. 2838, as amended by

Pub. L. 106-402, title IV, Sec. 401(b)(10), Oct. 30, 2000, 114

Stat. 1739, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Crime Victims With Disabilities

Awareness Act'.

"SEC. 2. FINDINGS; PURPOSES.

"(a) Findings. - Congress finds that -

"(1) although research conducted abroad demonstrates that

individuals with developmental disabilities are at a 4 to 10

times higher risk of becoming crime victims than those without

disabilities, there have been no significant studies on this

subject conducted in the United States;

"(2) in fact, the National Crime Victim's Survey, conducted

annually by the Bureau of Justice Statistics of the Department of

Justice, does not specifically collect data relating to crimes

against individuals with developmental disabilities;

"(3) studies in Canada, Australia, and Great Britain

consistently show that victims with developmental disabilities

suffer repeated victimization because so few of the crimes

against them are reported, and even when they are, there is

sometimes a reluctance by police, prosecutors, and judges to rely

on the testimony of a disabled individual, making individuals

with developmental disabilities a target for criminal predators;

"(4) research in the United States needs to be done to -

"(A) understand the nature and extent of crimes against

individuals with developmental disabilities;

"(B) describe the manner in which the justice system responds

to crimes against individuals with developmental disabilities;

and

"(C) identify programs, policies, or laws that hold promises

for making the justice system more responsive to crimes against

individuals with developmental disabilities; and

"(5) the National Academy of Science Committee on Law and

Justice of the National Research Council is a premier research

institution with unique experience in developing seminal,

multidisciplinary studies to establish a strong research base

from which to make public policy.

"(b) Purposes. - The purposes of this Act are -

"(1) to increase public awareness of the plight of victims of

crime who are individuals with developmental disabilities;

"(2) to collect data to measure the extent of the problem of

crimes against individuals with developmental disabilities; and

"(3) to develop a basis to find new strategies to address the

safety and justice needs of victims of crime who are individuals

with developmental disabilities.

"SEC. 3. DEFINITION OF DEVELOPMENTAL DISABILITY.

"In this Act, the term 'developmental disability' has the meaning

given the term in section 102 of the Developmental Disabilities

Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15002].

"SEC. 4. STUDY.

"(a) In General. - The Attorney General shall conduct a study to

increase knowledge and information about crimes against individuals

with developmental disabilities that will be useful in developing

new strategies to reduce the incidence of crimes against those

individuals.

"(b) Issues Addressed. - The study conducted under this section

shall address such issues as -

"(1) the nature and extent of crimes against individuals with

developmental disabilities;

"(2) the risk factors associated with victimization of

individuals with developmental disabilities;

"(3) the manner in which the justice system responds to crimes

against individuals with developmental disabilities; and

"(4) the means by which States may establish and maintain a

centralized computer database on the incidence of crimes against

individuals with disabilities within a State.

"(c) National Academy of Sciences. - In carrying out this

section, the Attorney General shall consider contracting with the

Committee on Law and Justice of the National Research Council of

the National Academy of Sciences to provide research for the study

conducted under this section.

"(d) Report. - Not later than 18 months after the date of

enactment of this Act [Oct. 27, 1998], the Attorney General shall

submit to the Committees on the Judiciary of the Senate and the

House of Representatives a report describing the results of the

study conducted under this section.

"SEC. 5. NATIONAL CRIME VICTIM'S SURVEY.

"Not later than 2 years after the date of enactment of this Act,

as part of each National Crime Victim's Survey, the Attorney

General shall include statistics relating to -

"(1) the nature of crimes against individuals with

developmental disabilities; and

"(2) the specific characteristics of the victims of those

crimes."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5603 of this title.

-End-

-CITE-

42 USC Sec. 3733 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER III - BUREAU OF JUSTICE STATISTICS

-HEAD-

Sec. 3733. Authority for 100 per centum grants

-STATUTE-

A grant authorized under this subchapter may be up to 100 per

centum of the total cost of each project for which such grant is

made. The Bureau shall require, whenever feasible as a condition of

approval of a grant under this subchapter, that the recipient

contribute money, facilities, or services to carry out the purposes

for which the grant is sought.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 303, as added Pub. L. 96-157, Sec.

2, Dec. 27, 1979, 93 Stat. 1178.)

-MISC1-

PRIOR PROVISIONS

A prior section 3733, Pub. L. 90-351, title I, Sec. 303, June 19,

1968, 82 Stat. 201; Pub. L. 91-644, title I, Sec. 4(5), (6), Jan.

2, 1971, 84 Stat. 1883; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87

Stat. 201; Pub. L. 93-415, title V, Sec. 543, Sept. 7, 1974, 88

Stat. 1142; Pub. L. 94-503, title I, Sec. 111, Oct. 15, 1976, 90

Stat. 2413; Pub. L. 96-181, Sec. 15(b), Jan. 2, 1980, 93 Stat.

1316, set out requirements of State plans in order to qualify for

grants for law enforcement and criminal justice purposes, prior to

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

-End-

-CITE-

42 USC Sec. 3734 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER III - BUREAU OF JUSTICE STATISTICS

-HEAD-

Sec. 3734. Repealed. Pub. L. 98-473, title II, Sec. 605(c), Oct.

12, 1984, 98 Stat. 2080

-MISC1-

Section, Pub. L. 90-351, title I, Sec. 304, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1178, provided for a Bureau

of Justice Statistics Advisory Board, including establishment and

composition of Board, rules respecting organization and procedure,

term of office, duties and functions of Board, and delegation of

powers and duties to Director.

A prior section 3734, Pub. L. 90-351, title I, Sec. 304, June 19,

1968, 82 Stat. 202; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat.

203; Pub. L. 94-503, title I, Sec. 112, Oct. 15, 1976, 90 Stat.

2414, related to plans or applications for financial assistance

from local government units, prior to the general revision of this

chapter by Pub. L. 96-157.

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 Sec. 3735 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER III - BUREAU OF JUSTICE STATISTICS

-HEAD-

Sec. 3735. Use of data

-STATUTE-

Data collected by the Bureau shall be used only for statistical

or research purposes, and shall be gathered in a manner that

precludes their use for law enforcement or any purpose relating to

a particular individual other than statistical or research

purposes.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 304, formerly Sec. 305, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1179; renumbered

Sec. 304, Pub. L. 98-473, title II, Sec. 605(d), Oct. 12, 1984, 98

Stat. 2080.)

-MISC1-

PRIOR PROVISIONS

A prior section 304 of Pub. L. 90-351, as added by Pub. L.

96-157, was classified to section 3734 of this title prior to

repeal by Pub. L. 98-473, title II, Sec. 605(c), Oct. 12, 1984, 98

Stat. 2080.

Prior sections 3735 to 3739 were omitted in the general amendment

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

Section 3735, Pub. L. 90-351, title I, Sec. 305, June 19, 1968,

82 Stat. 202; Pub. L. 91-644, title I, Sec. 4(7), Jan. 2, 1971, 84

Stat. 1883; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 203,

related to reallocation of funds.

Section 3736, Pub. L. 90-351, title I, Sec. 306, June 19, 1968,

82 Stat. 202; Pub. L. 91-644, title I, Sec. 4(8), Jan. 2, 1971, 84

Stat. 1883; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 203; Pub.

L. 94-503, title I, Sec. 113, Oct. 15, 1976, 90 Stat. 2415, related

to allocation of funds.

Section 3737, Pub. L. 90-351, title I, Sec. 307, June 19, 1968,

82 Stat. 202; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 204;

Pub. L. 94-503, title I, Sec. 114, Oct. 15, 1976, 90 Stat. 2415,

related to priority programs and projects.

Section 3738, Pub. L. 90-351, title I, Sec. 308, as added Pub. L.

93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 204; amended Pub. L. 94-503,

title I, Sec. 115, Oct. 15, 1976, 90 Stat. 2415, related to

Administration action upon State plans within prescribed time after

date of submission.

Section 3739, Pub. L. 90-351, title I, Sec. 309, as added Pub. L.

94-503, title I, Sec. 116, Oct. 15, 1976, 90 Stat. 2415, related to

assistance and grants to aid State antitrust enforcement.

-End-

-CITE-

42 USC SUBCHAPTER IV - ESTABLISHMENT OF BUREAU OF JUSTICE

ASSISTANCE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER IV - ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE

-HEAD-

SUBCHAPTER IV - ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE

-MISC1-

PRIOR PROVISIONS

A prior subchapter IV, consisting of sections 3741 to 3748,

related to block grants by Bureau of Justice Assistance, prior to

repeal by Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988,

102 Stat. 4328. For similar provisions, see part A (Sec. 3751 et

seq.) of subchapter V of this chapter.

Section 3741, Pub. L. 90-351, title I, Sec. 401, as added Pub. L.

98-473, title II, Sec. 606, Oct. 12, 1984, 98 Stat. 2080; amended

Pub. L. 99-570, title I, Sec. 1552(b)(1), Oct. 27, 1986, 100 Stat.

3207-46, related to establishment of Bureau of Justice Assistance,

appointment of Director, and authority and restrictions with regard

to Director.

Section 3742, Pub. L. 90-351, title I, Sec. 402, as added Pub. L.

98-473, title II, Sec. 606, Oct. 12, 1984, 98 Stat. 2080, related

to duties and functions of Director.

Section 3743, Pub. L. 90-351, title I, Sec. 403, as added Pub. L.

98-473, title II, Sec. 606, Oct. 12, 1984, 98 Stat. 2081, described

grant program.

Section 3744, Pub. L. 90-351, title I, Sec. 404, as added Pub. L.

98-473, title II, Sec. 606, Oct. 12, 1984, 98 Stat. 2082,

authorized Bureau to make financial assistance under this

subchapter available to States.

Section 3745, Pub. L. 90-351, title I, Sec. 405, as added Pub. L.

98-473, title II, Sec. 606, Oct. 12, 1984, 98 Stat. 2082, related

to applications for assistance and contents of applications.

Section 3746, Pub. L. 90-351, title I, Sec. 406, as added Pub. L.

98-473, title II, Sec. 606, Oct. 12, 1984, 98 Stat. 2084, related

to review of applications.

Section 3747, Pub. L. 90-351, title I, Sec. 407, as added Pub. L.

98-473, title II, Sec. 606, Oct. 12, 1984, 98 Stat. 2084, related

to allocation and distribution of funds.

Section 3748, Pub. L. 90-351, title I, Sec. 408, as added Pub. L.

98-473, title II, Sec. 606, Oct. 12, 1984, 98 Stat. 2085, related

to designation of a State office to prepare applications and

administer funds.

Another prior subchapter IV, consisting of sections 3741 to 3745,

related to formula grant program, prior to the general amendment of

this subchapter by Pub. L. 98-473.

Section 3741, Pub. L. 90-351, title I, Sec. 401, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1179, described formula

grant program.

Section 3742, Pub. L. 90-351, title I, Sec. 402, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1181, related to

eligibility provisions for formula grants.

Section 3743, Pub. L. 90-351, title I, Sec. 403, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1187, concerned application

requirements for formula grants.

Section 3744, Pub. L. 90-351, title I, Sec. 404, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1188, provided for review

of applications for formula grants.

Section 3745, Pub. L. 90-351, title I, Sec. 405, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1189, provided for

allocation and distribution of funds for formula grants.

Another prior subchapter IV, consisting of sections 3741 to 3748

and 3750 to 3750d, related to training, education, research,

demonstration, and special grants prior to the general amendment of

this chapter by Pub. L. 96-157.

Section 3741, Pub. L. 90-351, title I, Sec. 401, June 19, 1968,

82 Stat. 203; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 205,

set out the Congressional statement of purposes in making provision

for training, education, research, demonstration, and special

grants.

Section 3742, Pub. L. 90-351, title I, Sec. 402, June 19, 1968,

82 Stat. 203; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 205;

Pub. L. 94-503, title I, Sec. 117, Oct. 15, 1976, 90 Stat. 2416,

provided for creation of a National Institute of Law Enforcement

and Criminal Justice.

Section 3743, Pub. L. 90-351, title I, Sec. 403, June 19, 1968,

82 Stat. 203; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 206,

related to limitations on size of grants and contributions

requirements for grants.

Section 3744, Pub. L. 90-351, title I, Sec. 404, June 19, 1968,

82 Stat. 204; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 207,

provided for Federal Bureau of Investigation law enforcement

training programs.

Section 3745, Pub. L. 90-351, title I, Sec. 405, June 19, 1968,

82 Stat. 204; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 207,

repealed Law Enforcement Assistance Act of 1965 and provided for

funds to continue projects started thereunder.

Section 3746, Pub. L. 90-351, title I, Sec. 406, June 19, 1968,

82 Stat. 204; Pub. L. 91-644, title I, Sec. 5(1), Jan. 2, 1971, 84

Stat. 1884; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 207,

provided for academic educational assistance.

Section 3747, Pub. L. 90-351, title I, Sec. 407, formerly Sec.

408, as added Pub. L. 91-644, title I, Sec. 5(2), Jan. 2, 1971, 84

Stat. 1885; renumbered Sec. 407, Pub. L. 93-83, Sec. 2, Aug. 6,

1973, 87 Stat. 209, related to administration of training programs

for prosecuting attorneys.

Another prior section 3747, Pub. L. 90-351, title I, Sec. 407, as

added Pub. L. 91-644, title I, Sec. 5(2), Jan. 2, 1971, 84 Stat.

1885, related to Administration law enforcement training program

for enforcement personnel, prior to the general amendment of this

chapter by section 2 of Pub. L. 93-83.

Section 3748, Pub. L. 90-351, title I, Sec. 408, as added Pub. L.

91-644, title I, Sec. 5(2), Jan. 2, 1971, 84 Stat. 1885, was

renumbered section 407 of Pub. L. 90-351 by Pub. L. 93-83, Sec. 2,

Aug. 6, 1973, 87 Stat. 209, and was classified to prior section

3747 of this title.

Section 3750, Pub. L. 90-351, title I, Sec. 451, as added Pub. L.

91-644, title I, Sec. 6(a), Jan. 2, 1971, 84 Stat. 1885; amended

Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 209, set out

Congressional statement of purpose in providing a system of grants

for correctional institutions and facilities.

Section 3750a, Pub. L. 90-351, title I, Sec. 452, as added Pub.

L. 91-644, title I, Sec. 6(a), Jan. 2, 1971, 84 Stat. 1885; amended

Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 209, related to

applications for grants and their incorporation into comprehensive

State plans.

Section 3750b, Pub. L. 90-351, title I, Sec. 453, as added Pub.

L. 91-644, title I, Sec. 6(a), Jan. 2, 1971, 84 Stat. 1886; amended

Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 209; Pub. L. 94-503,

title I, Sec. 118, Oct. 15, 1976, 90 Stat. 2417, set out required

contents of an application for a grant for correctional

institutions and facilities.

Section 3750c, Pub. L. 90-351, title I, Sec. 454, as added Pub.

L. 91-644, title I, Sec. 6(a), Jan. 2, 1971, 84 Stat. 1886; amended

Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 210; Pub. L. 94-237,

Sec. 4(c)(5)(C), Mar. 19, 1976, 90 Stat. 244, set out guidelines

and basic criteria for applicants and grantees.

Section 3750d, Pub. L. 90-351, title I, Sec. 455, as added Pub.

L. 91-644, title I, Sec. 6(a), Jan. 2, 1971, 84 Stat. 1886; amended

Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 210; Pub. L. 94-503,

title I, Sec. 119(a), Oct. 15, 1976, 90 Stat. 2417, related to

allocation and reallocation of funds.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 3741 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER IV - ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE

-HEAD-

Sec. 3741. Establishment of Bureau of Justice Assistance

-STATUTE-

(a) There is established within the Department of Justice, under

the general authority of the Attorney General, a Bureau of Justice

Assistance (hereafter in this subchapter referred to as the

"Bureau").

(b) The Bureau shall be headed by a Director (hereafter in this

subchapter referred to as the "Director") who shall be appointed by

the President, by and with the advice and consent of the Senate.

The Director shall report to the Attorney General through the

Assistant Attorney General. The Director shall have final authority

for all grants, cooperative agreements, and contracts awarded by

the Bureau. The Director shall not engage in any employment other

than that of serving as the Director, nor shall the Director hold

any office in, or act in any capacity for, any organization,

agency, or institution with which the Bureau makes any contract or

other arrangement under this chapter.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 401, as added Pub. L. 100-690, title

VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4328.)

-MISC1-

PRIOR PROVISIONS

For prior sections 401 of Pub. L. 90-351 and prior sections 3741

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

-TRANS-

TRANSFER OF FUNCTIONS

Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 108(b)],

Nov. 29, 1999, 113 Stat. 1535, 1501A-20, provided that:

"Notwithstanding any other provision of law, effective August 1,

2000, all functions of the Director of the Bureau of Justice

Assistance, other than those enumerated in the Omnibus Crime

Control and Safe Streets Act, as amended, 42 U.S.C. 3742(3) through

(6), are transferred to the Assistant Attorney General for the

Office of Justice Programs."

-End-

-CITE-

42 USC Sec. 3742 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER IV - ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE

-HEAD-

Sec. 3742. Duties and functions of Director

-STATUTE-

The Director shall have the following duties:

(1) Providing funds to eligible States, units of local

government, and nonprofit organizations pursuant to subchapters V

and XII-B of this chapter.

(2) Establishing programs in accordance with part B of

subchapter V of this chapter and, following public announcement

of such programs, awarding and allocating funds and technical

assistance in accordance with the criteria of part B of

subchapter V of this chapter, and on terms and conditions

determined by the Director to be consistent with part B of

subchapter V of this chapter.

(3) Cooperating with and providing technical assistance to

States, units of local government, and other public and private

organizations or international agencies involved in criminal

justice activities.

(4) Providing for the development of technical assistance and

training programs for State and local criminal justice agencies

and fostering local participation in such activities.

(5) Encouraging the targeting of State and local resources on

efforts to reduce the incidence of drug abuse and crime and on

programs relating to the apprehension and prosecution of drug

offenders.

(6) Establishing and carrying on a specific and continuing

program of cooperation with the States and units of local

government designed to encourage and promote consultation and

coordination concerning decisions made by the Bureau affecting

State and local drug control and criminal justice priorities.

(7) Preparing recommendations on the State and local drug

enforcement component of the National Drug Control Strategy which

shall be submitted to the Associate Director of the Office on

National Drug Control Policy. In making such recommendations, the

Director shall review the statewide strategies submitted by such

States under subchapter V of this chapter, and shall obtain input

from State and local drug enforcement officials. The

recommendations made under this paragraph shall be provided at

such time and in such form as the Director of National Drug

Control Policy shall require.

(8) Exercising such other powers and functions as may be vested

in the Director pursuant to this chapter or by delegation of the

Attorney General or Assistant Attorney General.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 402, as added Pub. L. 100-690, title

VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4328; amended Pub. L.

101-647, title II, Sec. 241(b)(1), Nov. 29, 1990, 104 Stat. 4813.)

-MISC1-

PRIOR PROVISIONS

For prior sections 402 of Pub. L. 90-351 and prior sections 3742

of this title, see note set out preceding section 3741 of this

title.

AMENDMENTS

1990 - Par. (1). Pub. L. 101-647 substituted "subchapters V and

XII-B" for "subchapter V".

-TRANS-

TRANSFER OF FUNCTIONS

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

Justice Assistance, other than those enumerated in pars. (3) to (6)

of this section, transferred to Assistant Attorney General for

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

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

this title.

-End-

-CITE-

42 USC SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT

PROGRAMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

-HEAD-

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

-MISC1-

PRIOR PROVISIONS

A prior subchapter V, consisting of sections 3761 to 3766,

related to discretionary grants, prior to repeal by Pub. L.

100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4328. For

similar provisions, see part B (Sec. 3760 et seq.) of this

subchapter.

Section 3761, Pub. L. 90-351, title I, Sec. 501, formerly Sec.

601, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1195;

renumbered Sec. 501 and amended Pub. L. 98-473, title II, Sec.

608(a), Oct. 12, 1984, 98 Stat. 2086, related to Congressional

statement of purpose regarding discretionary grants.

Section 3762, Pub. L. 90-351, title I, Sec. 502, formerly Sec.

602, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1195;

renumbered Sec. 502 and amended Pub. L. 98-473, title II, Sec.

608(a), Oct. 12, 1984, 98 Stat. 2086, related to percentage of

appropriation for discretionary grant program.

Section 3763, Pub. L. 90-351, title I, Sec. 503, formerly Sec.

603, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1196;

renumbered Sec. 503 and amended Pub. L. 98-473, title II, Sec.

608(a), Oct. 12, 1984, 98 Stat. 2086, related to procedure for

establishing discretionary programs.

Section 3764, Pub. L. 90-351, title I, Sec. 504, formerly Sec.

604, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1197;

renumbered Sec. 504 and amended Pub. L. 98-473, title II, Sec.

608(b), (f), Oct. 12, 1984, 98 Stat. 2087, related to application

requirements for discretionary grants.

Section 3765, Pub. L. 90-351, title I, Sec. 505, formerly Sec.

605, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1197;

renumbered Sec. 505 and amended Pub. L. 98-473, title II, Sec.

608(c), Oct. 12, 1984, 98 Stat. 2087, related to criteria for

award.

Section 3766, Pub. L. 90-351, title I, Sec. 506, formerly Sec.

606, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1197;

renumbered Sec. 506 and amended Pub. L. 98-473, title II, Sec.

608(d), Oct. 12, 1984, 98 Stat. 2087, related to period for award

of discretionary grants.

Another prior subchapter V, consisting of sections 3751 to 3755,

related to national priority grants, prior to repeal by Pub. L.

98-473, title II, Sec. 607, Oct. 12, 1984, 98 Stat. 2086.

Section 3751, Pub. L. 90-351, title I, Sec. 501, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1192, set out Congressional

statement of purpose of national priority grants.

Section 3752, Pub. L. 90-351, title I, Sec. 502, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1192, prescribed percentage

of appropriation for national priority grant program.

Section 3753, Pub. L. 90-351, title I, Sec. 503, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1192, prescribed procedure

for designating national priority programs, including periodic and

joint designations by Director of Office of Justice Assistance,

Research, and Statistics and Administrator of Law Enforcement

Assistance Administration and requests to outside agencies for

suggestions.

Section 3754, Pub. L. 90-351, title I, Sec. 504, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1193, prescribed

application requirements, including contents of applications,

certifications, review by State criminal justice councils, and

private nonprofit organizations.

Section 3755, Pub. L. 90-351, title I, Sec. 505, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1194, set out criteria for

award of national priority grants, including establishment of

reasonable requirements, maximum per centum of grant funds, funds

reserved or set aside but not used in the fiscal year, and

three-year period for financial aid and assistance and extension or

renewal of period.

Another prior subchapter V, consisting of sections 3751 to 3774,

related to administrative provisions, prior to the general

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

Section 3751, Pub. L. 90-351, title I, Sec. 501, June 19, 1968,

82 Stat. 205; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 211;

Pub. L. 94-503, title I, Sec. 120, Oct. 15, 1976, 90 Stat. 2418,

related to administrative rules, regulations, and procedures.

Section 3752, Pub. L. 90-351, title I, Sec. 502, June 19, 1968,

82 Stat. 205; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 211,

made provision for delegation of functions of Law Enforcement

Assistance Administration to other officers of Department of

Justice.

Section 3753, Pub. L. 90-351, title I, Sec. 503, June 19, 1968,

82 Stat. 205; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 211,

required specific Congressional authorization to transfer

functions, powers, and duties of Law Enforcement Assistance

Administration within the Department of Justice.

Section 3754, Pub. L. 90-351, title I, Sec. 504, June 19, 1968,

82 Stat. 205; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 211,

provided for place for holding of hearings, signing and issuance of

subpenas, administering of oaths, the examination of witnesses, and

reception of evidence by Administration personnel.

A prior section 505 of Pub. L. 90-351, title I, June 19, 1968, 82

Stat. 205, amended section 5315 of Title 5, Government Organization

and Employees.

Section 3755, Pub. L. 90-351, title I, Sec. 507, June 19, 1968,

82 Stat. 205; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 211;

Pub. L. 94-503, title I, Secs. 119(b), 121, Oct. 15, 1976, 90 Stat.

2417, 2418, related to officers, employees, and hearing examiners.

Section 3756, Pub. L. 90-351, title I, Sec. 508, June 19, 1968,

82 Stat. 205; Pub. L. 91-644, title I, Sec. 7(3), Jan. 2, 1971, 84

Stat. 1887; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 211,

related to use of services, equipment, personnel, and facilities of

other Federal agencies.

Section 3757, Pub. L. 90-351, title I, Sec. 509, June 19, 1968,

82 Stat. 206; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 211;

Pub. L. 94-503, title I, Sec. 122(a), Oct. 15, 1976, 90 Stat. 2418,

provided for withholding of payments for noncompliance with certain

requirements and for notice and hearing in event of such

withholding of payments.

Section 3758, Pub. L. 90-351, title I, Sec. 510, June 19, 1968,

82 Stat. 206; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 212,

made provision for administrative proceedings.

Section 3759, Pub. L. 90-351, title I, Sec. 511, June 19, 1968,

82 Stat. 206; Pub. L. 90-351, title I, Sec. 511, June 19, 1968, 82

Stat. 206; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 212,

provided for judicial review.

Section 3760, Pub. L. 90-351, title I, Sec. 512, June 19, 1968,

82 Stat. 207; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 213,

authorized Administration to carry out programs provided for under

this chapter during fiscal year ending June 30, 1974, and two

succeeding fiscal years, prior to repeal by Pub. L. 94-503, title

I, Sec. 123, Oct. 15, 1976, 90 Stat. 2419.

Section 3761, Pub. L. 90-351, title I, Sec. 513, June 19, 1968,

82 Stat. 207; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 213,

provided for coordination of law enforcement assistance and related

Federal programs.

Section 3762, Pub. L. 90-351, title I, Sec. 514, June 19, 1968,

82 Stat. 207; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 213,

provided for reimbursement of Federal agencies.

Section 3763, Pub. L. 90-351, title I, Sec. 515, June 19, 1968,

82 Stat. 207; Pub. L. 91-644, title I, Sec. 7(4), Jan. 2, 1971, 84

Stat. 1887; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 213; Pub.

L. 94-503, title I, Sec. 124, Oct. 15, 1976, 90 Stat. 2421,

provided for functions, powers, and duties of Law Enforcement

Assistance Administration.

Section 3764, Pub. L. 90-351, title I, Sec. 516, June 19, 1968,

82 Stat. 207; Pub. L. 91-644, title I, Sec. 7(5), Jan. 2, 1971, 84

Stat. 1887; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 213,

provided for making of payments under this chapter.

Section 3765, Pub. L. 90-351, title I, Sec. 517, June 19, 1968,

82 Stat. 207; Pub. L. 91-644, title I, Sec. 7(6), Jan. 2, 1971, 84

Stat. 1887; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 213,

provided for personnel of Administration.

Section 3766, Pub. L. 90-351, title I, Sec. 518, June 19, 1968,

82 Stat. 208; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 214;

Pub. L. 94-503, title I, Sec. 122(b), Oct. 15, 1976, 90 Stat. 2418,

prohibited certain constructions of provisions of this chapter.

Section 3767, Pub. L. 90-351, title I, Sec. 519, June 19, 1968,

82 Stat. 208; Pub. L. 91-644, title I, Sec. 7(7), Jan. 2, 1971, 84

Stat. 1888; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 214; Pub.

L. 94-273, Sec. 5(5), Apr. 21, 1976, 90 Stat. 377; Pub. L. 94-503,

title I, Sec. 125, Oct. 15, 1976, 90 Stat. 2422; Pub. L. 95-115,

Sec. 9(a), Oct. 3, 1977, 91 Stat. 1060, related to annual reports

to President and Congress.

Section 3768, Pub. L. 90-351, title I, Sec. 520, June 19, 1968,

82 Stat. 208; Pub. L. 90-462, Sec. 1, Aug. 8, 1968, 82 Stat. 638;

Pub. L. 91-644, title I, Sec. 7(8), Jan. 2, 1971, 84 Stat. 1888;

Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 214; Pub. L. 93-415,

title V, Sec. 544, Sept. 7, 1974, 88 Stat. 1142; Pub. L. 94-430,

Sec. 3, Sept. 29, 1976, 90 Stat. 1348; Pub. L. 94-503, title I,

Sec. 126, Oct. 15, 1976, 90 Stat. 2423, related to authorization of

appropriations.

Section 3769, Pub. L. 90-351, title I, Sec. 521, June 19, 1968,

82 Stat. 208; Pub. L. 91-644, title I, Sec. 7(9), Jan. 2, 1971, 84

Stat. 1888; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 215; Pub.

L. 94-503, title I, Secs. 127, 128(a), Oct. 15, 1976, 90 Stat.

2424, related to recordkeeping requirements.

Section 3770, Pub. L. 90-351, title I, Sec. 523, as added Pub. L.

93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 215, provided for use of

unobligated Federal funds for 90 percent of costs.

Section 3771 of this title, Pub. L. 90-351, title I, Sec. 524, as

added Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 215, related to

availability of information for prescribed purposes.

Section 3772 of this title, Pub. L. 90-351, title I, Sec. 526, as

added Pub. L. 93-415, title V, Sec. 545, Sept. 7, 1974, 88 Stat.

1143, related to acceptance of volunteer services.

Section 3773 of this title, Pub. L. 90-351, title I, Sec. 527, as

added Pub. L. 93-415, title V, Sec. 545, Sept. 7, 1974, 88 Stat.

1143, related to administration of juvenile delinquency programs by

Office of Juvenile Justice and Delinquency Prevention.

Section 3774 of this title, Pub. L. 90-351, title I, Sec. 528, as

added Pub. L. 93-415, title V, Sec. 545, Sept. 7, 1974, 88 Stat.

1143, authorized employment of personnel by Law Enforcement

Assistance Administration.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3013, 3722, 3742,

3782, 3793, 3796bb-1, 3797 of this title.

-End-

-CITE-

42 USC Sec. 3750 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

-HEAD-

Sec. 3750. Name of programs

-STATUTE-

The grant programs established under this subchapter shall be

known as the "Edward Byrne Memorial State and Local Law Enforcement

Assistance Programs".

-SOURCE-

(Pub. L. 90-351, title I, Sec. 500, as added Pub. L. 100-690, title

VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4329.)

-MISC1-

PRIOR PROVISIONS

For prior sections 3750 to 3750d of this title, see note set out

preceding section 3741 of this title.

-End-

-CITE-

42 USC Sec. 3750a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

-HEAD-

Sec. 3750a. Grant authorization

-STATUTE-

(a) Purpose

The purpose of sections 3750a to 3750d of this title is to

supplement the provisions of the Edward Byrne Memorial State and

Local Law Enforcement Assistance Program to help the States to curb

motor vehicle thefts and the related violence.

(b) Grants

The Director of the Bureau of Justice Assistance shall make

grants to Anti Car Theft Committees submitting applications in

compliance with the requirements of sections 3750a to 3750d of this

title.

-SOURCE-

(Pub. L. 102-519, title I, Sec. 130, Oct. 25, 1992, 106 Stat.

3386.)

-COD-

CODIFICATION

Section was enacted as part of the Anti Car Theft Act of 1992,

and not as part of title I of the Omnibus Crime Control and Safe

Streets Act of 1968 which comprises this chapter.

-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 3750b, 3750c, 3750d of

this title.

-End-

-CITE-

42 USC Sec. 3750b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

-HEAD-

Sec. 3750b. Application

-STATUTE-

(a) Submission

To be eligible to receive a grant under sections 3750a to 3750d

of this title, a chief executive of an Anti Car Theft Committee

shall submit an application to the Director of the Bureau of

Justice Assistance.

(b) Content

The application submitted under subsection (a) of this section

shall include the following:

(1) A statement that the applicant Anti Car Theft Committee is

either a State agency or an agency of a unit of local government.

(2) A statement that the applicant Anti Car Theft Committee is

or will be financed in part (A) by a fee on motor vehicles

registered by the State or possessed or insured within the State

(and that such fee is not less than $1 per vehicle), or (B) in

the same manner and to the same extent as is a similar program

financed and implemented in a State like Michigan.

(3) An assurance that Federal funds received under a grant

under sections 3750a to 3750d of this title shall be used to

supplement and not supplant non-Federal funds that would

otherwise be available for activities funded under such grant.

(4) A statement that the resources of the applicant Anti Car

Theft Committee will be devoted entirely to combating motor

vehicle theft, including any or all of the following:

(A) Financing law enforcement officers or investigators whose

duties are entirely or primarily related to investigating cases

of motor vehicle theft or of trafficking in stolen motor

vehicles or motor vehicle parts.

(B) Financing prosecutors whose duties are entirely or

primarily related to prosecuting cases of motor vehicle theft

or of trafficking in stolen motor vehicles or motor vehicle

parts.

(C) Motor vehicle theft prevention programs, including

vehicle identification number etching programs, programs

implemented by law enforcement agencies and designed to enable

the electronic tracking of stolen automobiles, and programs

designed to prevent the export of stolen vehicles.

(5) A description of the budget for the applicant Anti Car

Theft Committee for the fiscal year for which a grant is sought.

-SOURCE-

(Pub. L. 102-519, title I, Sec. 131, Oct. 25, 1992, 106 Stat.

3386.)

-COD-

CODIFICATION

Section was enacted as part of the Anti Car Theft Act of 1992,

and not as part of title I of the Omnibus Crime Control and Safe

Streets Act of 1968 which comprises this chapter.

-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 3750a, 3750c, 3750d of

this title.

-End-

-CITE-

42 USC Sec. 3750c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

-HEAD-

Sec. 3750c. Award of grants

-STATUTE-

(a) In general

The Director shall allocate to each State a proportion of the

total funds available under sections 3750a to 3750d of this title

that is equal to the proportion of the number of motor vehicles

registered in such State to the total number of motor vehicles

registered in the United States. The Director shall ensure that all

applicant States have an opportunity to receive grants from an

available appropriation. Any State that has not met the

requirements described in section 30503 of title 49 shall be

excluded from any allocation under this subsection.

(b) Grant amounts

If one Anti Car Theft Committee within a State submits an

application in compliance with section 3750b of this title, the

Director shall award to such Anti Car Theft Committee a grant equal

to the total amount of funds allocated to such State under this

section. In no case shall the Anti Car Theft Committee receive a

grant that is more than 50 percent of the preaward budget for such

Anti Car Theft Committee.

(c) Multiple committees

If two or more Anti Car Theft Committees within a State submit

applications in compliance with section 3750b of this title, the

Director shall award to such Anti Car Theft Committees grants that

in sum are equal to the total amount of funds allocated to such

State under this section. In no case shall an Anti Car Theft

Committee receive a grant that is more than 50 percent of the

preaward budget for such Anti Car Theft Committee. The Director

shall allocate funds among two or more Anti Car Theft Committees

with (!1) a State according to the proportion of the preaward

budget of each Anti Car Theft Committee to the total preaward

budget for all grant recipient Anti Car Theft Committees within

such State.

(d) Renewal of grants

Subject to the availability of funds, a grant under sections

3750a to 3750d of this title may be renewed for up to 2 additional

years after the first fiscal year during which the recipient

receives an initial grant under this section and sections 3750a,

3750b, and 3750d of this title if the Director determines that the

funds made available to the recipient during the previous year were

used in the manner required under the approved application.

-SOURCE-

(Pub. L. 102-519, title I, Sec. 132, Oct. 25, 1992, 106 Stat.

3387.)

-COD-

CODIFICATION

Section was enacted as part of the Anti Car Theft Act of 1992,

and not as part of title I of the Omnibus Crime Control and Safe

Streets Act of 1968 which comprises this chapter.

In subsection (a), "section 30503 of title 49" substituted for

"section 203 of this Act", meaning section 203 of Pub. L. 102-519,

on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat.

1378, the first section of which enacted subtitles II, III, and V

to X of Title 49, Transportation.

-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 3750a, 3750b, 3750d of

this title.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 3750d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

-HEAD-

Sec. 3750d. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated $10,000,000 to carry out

sections 3750a to 3750d of this title for each of the fiscal years

1993, 1994, and 1995.

-SOURCE-

(Pub. L. 102-519, title I, Sec. 133, Oct. 25, 1992, 106 Stat.

3387.)

-COD-

CODIFICATION

Section was enacted as part of the Anti Car Theft Act of 1992,

and not as part of title I of the Omnibus Crime Control and Safe

Streets Act of 1968 which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3750a, 3750b, 3750c of

this title.

-End-

-CITE-

42 USC Part A - Drug Control and System Improvement Grant

Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part A - Drug Control and System Improvement Grant Program

-HEAD-

PART A - DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT PROGRAM

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 3766b, 3782, 3783, 3796bb-1,

14223 of this title.

-End-

-CITE-

42 USC Sec. 3751 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part A - Drug Control and System Improvement Grant Program

-HEAD-

Sec. 3751. Description of drug control and system improvement grant

program

-STATUTE-

(a) Purpose of program

It is the purpose of this part to assist States and units of

local government in carrying out specific programs which offer a

high probability of improving the functioning of the criminal

justice system, with special emphasis on a nationwide and

multilevel drug control strategy by developing programs and

projects to assist multijurisdictional and multi-State

organizations in the drug control problem and to support national

drug control priorities.

(b) Grants to States and units of local government; purposes of

grants

The Director of the Bureau of Justice Assistance (hereafter in

this subchapter referred to as the "Director") is authorized to

make grants to States, for the use by States and units of local

government in the States, for the purpose of enforcing State and

local laws that establish offenses similar to offenses established

in the Controlled Substances Act (21 U.S.C. 801 et seq.) and to

improve the functioning of the criminal justice system with

emphasis on violent crime and serious offenders. Such grants shall

provide additional personnel, equipment, training, technical

assistance, and information systems for the more widespread

apprehension, prosecution, adjudication, and detention and

rehabilitation of persons who violate these laws, and to assist the

victims of such crimes (other than compensation), including -

(1) demand reduction education programs in which law

enforcement officers participate;

(2) multijurisdictional task force programs that integrate

Federal, State, and local drug law enforcement agencies and

prosecutors for the purpose of enhancing interagency

coordination, intelligence, and facilitating multijurisdictional

investigations;

(3) programs designed to target the domestic sources of

controlled and illegal substances, such as precursor chemicals,

diverted pharmaceuticals, clandestine laboratories, and cannabis

cultivations and to remove any hazardous substance or pollutant

or contaminant associated with the illegal manufacture of

amphetamine or methamphetamine;

(4) providing community and neighborhood programs that assist

citizens in preventing and controlling crime, including special

programs that address the problems of crimes committed against

the elderly and special programs for rural jurisdictions;

(5) disrupting illicit commerce in stolen goods and property;

(6) improving the investigation and prosecution of white-collar

crime, organized crime, public corruption crimes, and fraud

against the government with priority attention to cases involving

drug-related official corruption;

(7)(A) improving the operational effectiveness of law

enforcement through the use of crime analysis techniques, street

sales enforcement, schoolyard violator programs, gang-related and

low-income housing drug control programs;

(B) developing and implementing antiterrorism plans for deep

draft ports, international airports, and other important

facilities;

(8) career criminal prosecution programs including the

development of proposed model drug control legislation;

(9) financial investigative programs that target the

identification of money laundering operations and assets obtained

through illegal drug trafficking, including the development of

proposed model legislation, financial investigative training, and

financial information sharing systems;

(10) improving the operational effectiveness of the court

process, by expanding prosecutorial, defender and judicial

resources, and implementing court delay reduction programs;

(11) programs designed to provide additional public

correctional resources and improve the corrections system,

including treatment in prisons and jails, intensive supervision

programs, and long-range corrections and sentencing strategies;

(12) providing prison industry projects designed to place

inmates in a realistic working and training environment which

will enable them to acquire marketable skills and to make

financial payments for restitution to their victims, for support

of their own families, and for support of themselves in the

institution;

(13) providing programs which identify and meet the treatment

needs of adult and juvenile drug-dependent and alcohol-dependent

offenders;

(14) developing and implementing programs which provide

assistance to jurors and witnesses, and assistance (other than

compensation) to victims of crimes;

(15)(A) developing programs to improve drug control technology,

such as pretrial drug testing programs, programs which provide

for the identification, assessment, referral to treatment, case

management and monitoring of drug dependent offenders,

enhancement of State and local forensic laboratories, and

(B) criminal and justice information systems to assist law

enforcement, prosecution, courts, and corrections organization

(including automated fingerprint identification systems);

(16) innovative programs that demonstrate new and different

approaches to enforcement, prosecution, and adjudication of drug

offenses and other serious crimes;

(17) addressing the problems of drug trafficking and the

illegal manufacture of controlled substances in public housing;

(18) improving the criminal and juvenile justice system's

response to domestic and family violence, including spouse abuse,

child abuse, and abuse of the elderly;

(19) drug control evaluation programs which the State and local

units of government may utilize to evaluate programs and projects

directed at State drug control activities;

(20) providing alternatives to prevent detention, jail, and

prison for persons who pose no danger to the community;

(21) programs of which the primary goal is to strengthen urban

enforcement and prosecution efforts targeted at street drug

sales;

(22) programs for the prosecution of driving while intoxicated

charges and the enforcement of other laws relating to alcohol use

and the operation of motor vehicles;

(23) programs that address the need for effective bindover

systems for the prosecution of violent 16- and 17-year-old

juveniles in courts with jurisdiction over adults for the crimes

of -

(A) murder in the first degree;

(B) murder in the second degree;

(C) attempted murder;

(D) armed robbery when armed with a firearm;

(E) aggravated battery or assault when armed with a firearm;

(F) criminal sexual penetration when armed with a firearm;

and

(G) drive-by shootings as described in section 36 of title

18;

(24) law enforcement and prevention programs relating to gangs,

or to youth who are involved or at risk of involvement in gangs;

(25) developing or improving in a forensic laboratory a

capability to analyze deoxyribonucleic acid (hereinafter in this

chapter referred to as "DNA") for identification purposes;

(26) to develop and implement antiterrorism training programs

and to procure equipment for use by local law enforcement

authorities;

(27) (!1) enforcing child abuse and neglect laws, including

laws protecting against child sexual abuse, and promoting

programs designed to prevent child abuse and neglect; and

(28) establishing or supporting cooperative programs between

law enforcement and media organizations, to collect, record,

retain, and disseminate information useful in the identification

and apprehension of suspected criminal offenders.

(27) (!1) improving the quality, timeliness, and credibility of

forensic science services for criminal justice purposes.

(c) Program evaluation component; waiver

Each program funded under this section shall contain an

evaluation component, developed pursuant to guidelines established

by the National Institute of Justice, in consultation with the

Bureau of Justice Assistance. The Director of the Bureau of Justice

Assistance may waive this requirement when in the opinion of the

Director -

(1) the program is not of sufficient size to justify a full

evaluation report; or

(2) the program is designed primarily to provide material

resources and supplies, such as laboratory equipment, that would

not justify a full evaluation report.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 501, as added and amended Pub. L.

100-690, title V, Sec. 5104, title VI, Sec. 6091(a), Nov. 18, 1988,

102 Stat. 4301, 4329; Pub. L. 101-647, title VI, Sec. 601(b), Nov.

29, 1990, 104 Stat. 4823; Pub. L. 103-322, title X, Sec. 100003,

title XIV, Sec. 140004, title XV, Sec. 150003, title XXI, Sec.

210302(a), Sept. 13, 1994, 108 Stat. 1996, 2032, 2035, 2065; Pub.

L. 104-132, title VIII, Sec. 822(a), Apr. 24, 1996, 110 Stat. 1317;

Pub. L. 106-177, title I, Sec. 103, Mar. 10, 2000, 114 Stat. 35;

Pub. L. 106-310, div. B, title XXXVI, Sec. 3621(b), Oct. 17, 2000,

114 Stat. 1231; Pub. L. 106-561, Sec. 2(a), Dec. 21, 2000, 114

Stat. 2787.)

-REFTEXT-

REFERENCES IN TEXT

The Controlled Substances Act, referred to in subsec. (b), is

title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as

amended, which is classified principally to subchapter I (Sec. 801

et seq.) of chapter 13 of Title 21, Food and Drugs. For complete

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

out under section 801 of Title 21 and Tables.

-MISC1-

PRIOR PROVISIONS

For prior sections 501 of Pub. L. 90-351 and prior sections 3751

of this title, see note set out preceding section 3750 of this

title.

AMENDMENTS

2000 - Subsec. (b)(3). Pub. L. 106-310 inserted "and to remove

any hazardous substance or pollutant or contaminant associated with

the illegal manufacture of amphetamine or methamphetamine" before

semicolon at end.

Subsec. (b)(25). Pub. L. 106-177, Sec. 103(1), and Pub. L.

106-561, Sec. 2(a)(1), amended par. (25) identically, striking out

"and" at end.

Subsec. (b)(26). Pub. L. 106-561, Sec. 2(a)(2), which directed

the substitution of "; and" for period at end, could not be

executed because of the amendment by Pub. L. 106-177, Sec. 103(2),

which substituted semicolon for period at end. See below.

Pub. L. 106-177, Sec. 103(2), substituted semicolon for period at

end.

Subsec. (b)(27). Pub. L. 106-561, Sec. 2(a)(3), added par. (27)

relating to improvement of the quality, timeliness, and credibility

of forensic science services.

Pub. L. 106-177, Sec. 103(3), added par. (27) relating to

enforcement of child abuse and neglect laws.

Subsec. (b)(28). Pub. L. 106-177, Sec. 103(3), added par. (28).

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

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

(22).

Subsec. (b)(23). Pub. L. 103-322, Sec. 140004, added par. (23).

Subsec. (b)(24). Pub. L. 103-322, Sec. 150003, added par. (24).

Subsec. (b)(25). Pub. L. 103-322, Sec. 210302(a), added par.

(25).

1990 - Subsec. (b)(10). Pub. L. 101-647, which directed general

amendment of par. (10) of this section, was executed by amending

par. (10) of subsec. (b) generally, to reflect the probable intent

of Congress. Prior to amendment, par. (10) of subsec. (b) read as

follows: "improving the operational effectiveness of the court

process through programs such as court delay reduction programs and

enhancement programs;".

1988 - Subsec. (b)(17) to (21). Pub. L. 100-690, Sec. 5104, added

par. (17) and redesignated former pars. (17) to (20) as (18) to

(21), respectively.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 210302(c)(4) of Pub. L. 103-322 provided that: "The

amendments made by this section [enacting subchapter XII-L of this

chapter and amending this section and sections 3753, 3793, and 3797

of this title] shall take effect on the date that is 60 days after

the date of enactment of this Act [Sept. 13, 1994]."

-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.

-MISC2-

DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT PROGRAM

Pub. L. 106-310, div. B, title XXXVI, Sec. 3621(c)(2), Oct. 17,

2000, 114 Stat. 1231, provided that: "Any amounts made available in

a fiscal year under the grant program under section 501(b)(3) of

the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.

3751(b)(3)) for the removal of hazardous substances or pollutants

or contaminants associated with the illegal manufacture of

amphetamine or methamphetamine by reason of the amendment made by

subsection (b) [amending this section] shall supplement, and not

supplant, any other amounts made available in such fiscal year from

other sources for such removal."

DRUG-FREE PRISONS AND JAILS

Pub. L. 105-277, div. D, title I, subtitle B, Oct. 21, 1998, 112

Stat. 2681-753, provided that:

"SEC. 111. SHORT TITLE.

"This subtitle may be cited as the 'Drug-Free Prisons and Jails

Act of 1998'.

"SEC. 112. PURPOSE.

"The purpose of this subtitle is to provide for the establishment

of model programs for comprehensive treatment of substance-involved

offenders in the criminal justice system to reduce drug abuse and

drug-related crime, and reduce the costs of the criminal justice

system, that can be successfully replicated by States and local

units of government through a comprehensive evaluation.

"SEC. 113. PROGRAM AUTHORIZATION.

"(a) Establishment. - The Director of the Bureau of Justice

Assistance shall establish a model substance abuse treatment

program for substance-involved offenders by -

"(1) providing financial assistance to grant recipients

selected in accordance with section 114(b); and

"(2) evaluating the success of programs conducted pursuant to

this subtitle.

"(b) Grant Awards. - The Director may award not more than 5

grants to units of local government and not more than 5 grants to

States.

"(c) Administrative Costs. - Not more than 5 percent of a grant

award made pursuant to this subtitle may be used for administrative

costs.

"SEC. 114. GRANT APPLICATION.

"(a) Contents. - An application submitted by a unit of local

government or a State for a grant award under this subtitle shall

include each of the following:

"(1) Strategy. - A strategy to coordinate programs and services

for substance-involved offenders provided by the unit of local

government or the State, as the case may be, developed in

consultation with representatives from all components of the

criminal justice system within the jurisdiction, including

judges, law enforcement personnel, prosecutors, corrections

personnel, probation personnel, parole personnel, substance abuse

treatment personnel, and substance abuse prevention personnel.

"(2) Certification. - A certification that -

"(A) Federal funds made available under this subtitle will

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

to increase the amounts of such funds that would, in the

absence of Federal funds, be made available for law enforcement

activities; and

"(B) the programs developed pursuant to this subtitle meet

all requirements of this subtitle.

"(b) Review and Approval. - Subject to section 113(b), the

Director shall approve applications and make grant awards to units

of local governments and States that show the most promise for

accomplishing the purposes of this subtitle consistent with the

provisions of section 115.

"SEC. 115. USES OF FUNDS.

"A unit of local government or State that receives a grant award

under this subtitle shall use such funds to provide comprehensive

treatment programs to inmates in prisons or jails, including not

less than 3 of the following:

"(1) Tailored treatment programs to meet the special needs of

different types of substance-involved offenders.

"(2) Random and frequent drug testing, including a system of

sanctions.

"(3) Training and assistance for corrections officers and

personnel to assist substance-involved offenders in correctional

facilities.

"(4) Clinical assessment of incoming substance-involved

offenders.

"(5) Availability of religious and spiritual activity and

counseling to provide an environment that encourages recovery

from substance involvement in correctional facilities.

"(6) Education and vocational training.

"(7) A substance-free correctional facility policy.

"SEC. 116. EVALUATION AND RECOMMENDATION REPORT TO CONGRESS.

"(a) Evaluation. -

"(1) In general. - The Director shall enter into a contract,

with an evaluating agency that has demonstrated experience in the

evaluation of substance abuse treatment, to conduct an evaluation

that incorporates the criteria described in paragraph (2).

"(2) Evaluation criteria. - The Director, in consultation with

the Directors of the appropriate National Institutes of Health,

shall establish minimum criteria for evaluating each program.

Such criteria shall include -

"(A) reducing substance abuse among participants;

"(B) reducing recidivism among participants;

"(C) cost effectiveness of providing services to

participants; and

"(D) a data collection system that will produce data

comparable to that used by the Office of Applied Studies of the

Substance Abuse and Mental Health Services Administration and

the Bureau of Justice Statistics of the Office of Justice

Programs.

"(b) Report. - The Director shall submit to the appropriate

committees, at the same time as the President's budget for fiscal

year 2001 is submitted, a report that -

"(1) describes the activities funded by grant awards under this

subtitle;

"(2) includes the evaluation submitted pursuant to subsection

(a); and

"(3) makes recommendations regarding revisions to the

authorization of the program, including extension, expansion,

application requirements, reduction, and termination.

"SEC. 117. DEFINITIONS.

"In this subtitle:

"(1) Appropriate committees. - The term 'appropriate

committees' means the Committees on the Judiciary and the

Committees on Appropriations of the House of Representatives and

the Senate.

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

Bureau of Justice Assistance.

"(3) Substance-involved offender. - The term

'substance-involved offender' means an individual under the

supervision of a State or local criminal justice system, awaiting

trial or serving a sentence imposed by the criminal justice

system, who -

"(A) violated or has been arrested for violating a drug or

alcohol law;

"(B) was under the influence of alcohol or an illegal drug at

the time the crime was committed;

"(C) stole property to buy illegal drugs; or

"(D) has a history of substance abuse and addiction.

"(4) Unit of local government. - The term 'unit of local

government' means any city, county, township, town, borough,

parish, village, or other general purpose political subdivision

of a State, an Indian tribe which performs law enforcement

functions as determined by the Secretary of the Interior and any

agency of the District of Columbia government or the United

States Government performing law enforcement functions in and for

the District of Columbia, and the Trust Territory of the Pacific

Islands.

"SEC. 118. AUTHORIZATION OF APPROPRIATIONS.

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

carry out this subtitle from the Violent Crime Reduction Trust Fund

as authorized by title 31 of the Violent Crime and Control and Law

Enforcement Act of 1994 (42 U.S.C. 14211) -

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

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

"(b) Reservation. - The Director may reserve each fiscal year not

more than 20 percent of the funds appropriated pursuant to

subsection (a) for activities required under section 116."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3754, 3756, 3760, 3761,

3766, 3782 of this title.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 3752 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part A - Drug Control and System Improvement Grant Program

-HEAD-

Sec. 3752. Eligibility

-STATUTE-

The Bureau is authorized to make financial assistance under this

part available to a State to enable it to carry out all or a

substantial part of a program or project submitted and approved in

accordance with the provisions of this part.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 502, as added Pub. L. 100-690, title

VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4331.)

-MISC1-

PRIOR PROVISIONS

For prior sections 502 of Pub. L. 90-351 and prior sections 3752

of this title, see note set out preceding section 3750 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3756 of this title.

-End-

-CITE-

42 USC Sec. 3753 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part A - Drug Control and System Improvement Grant Program

-HEAD-

Sec. 3753. State applications

-STATUTE-

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

officer of a State shall submit an application within 60 days after

the Bureau has promulgated regulations under this section, and for

each subsequent year, within 60 days after the date that

appropriations for this subchapter are enacted, in such form as the

Director may require. Such application shall include the following:

(1) A statewide strategy for drug and violent crime control

programs which improve the functioning of the criminal justice

system, with an emphasis on drug trafficking, violent crime, and

serious offenders. The strategy shall be prepared after

consultation with State and local officials with emphasis on

those whose duty it is to enforce drug and criminal laws and

direct the administration of justice and shall contain -

(A) a definition and analysis of the drug and violent crime

problem in the State, and an analysis of the problems in each

of the counties and municipalities with major drug and violent

crime problems;

(B) an assessment of the criminal justice resources being

devoted to crime and drug control programs at the time of the

application;

(C) coordination requirements;

(D) resource needs;

(E) the establishment of statewide priorities for crime and

drug control activities and programs;

(F) an analysis of the relationship of the proposed State

efforts to the national drug control strategy; and

(G) a plan for coordinating the programs to be funded under

this subchapter with other federally funded programs, including

State and local drug abuse education, treatment, and prevention

programs.

(2) A certification that Federal funds made available under the

formula grant of this part will not be used to supplant State or

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

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

available for law enforcement activities.

(3) A certification that funds required to pay the non-Federal

portion of the cost of each program and project for which such

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

be made available for law enforcement by the recipients of grant

funds.

(4) An assurance that the State application described in this

section, and any amendment to such application, has been

submitted for review to the State legislature or its designated

body (for purposes of this section, such application or amendment

shall be deemed to be reviewed if the State legislature or such

body does not review such application or amendment within the

30-day period beginning on the date such application or amendment

is so submitted).

(5) An assurance that the State application and any amendment

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

the extent provided under State law or established procedure, an

opportunity to comment thereon was provided to citizens and to

neighborhood and community groups.

(6) An assurance that following the first fiscal year covered

by an application and for each fiscal year thereafter, a

performance evaluation and assessment report concerning the

activities carried out pursuant to this section will be submitted

to the Bureau.

(7) A provision for fund accounting, auditing, monitoring, and

such evaluation procedures as may be necessary to keep such

records that the Bureau shall prescribe to assure fiscal control,

proper management, and efficient disbursement of funds reviewed

under this section.

(8) An assurance that the applicant shall maintain such data

and information and submit such reports in such form, at such

times, and containing such data and information as the Bureau may

reasonably require to administer other provisions of this part.

(9) A certification that its programs meet all the requirements

of this section, that all the information contained in the

application is correct, that there has been appropriate

coordination with affected agencies, and that the applicant will

comply with all provisions of this part and all other applicable

Federal laws. Such certification shall be made in a form

acceptable to the Bureau and shall be executed by the chief

executive or such other officer of the applicant qualified under

regulations promulgated by the Office.

(10) A certification that the State is undertaking initiatives

to reduce, through the enactment of innovative penalties or

increasing law enforcement efforts, the demand for controlled

substances by holding accountable those who unlawfully possess or

use such substances.

(11) An assurance that the State has established a plan under

which the State will provide without fee to the Immigration and

Naturalization Service, within 30 days of the date of their

conviction, notice of conviction of aliens who have been

convicted of violating the criminal laws of the State and under

which the State will provide the Service with the certified

record of such a conviction within 30 days of the date of a

request by the Service for such record.

(12) If any part of funds received from a grant made under this

subchapter is to be used to develop or improve a DNA analysis

capability in a forensic laboratory, a certification that -

(A) DNA analyses performed at such laboratory will satisfy or

exceed then current standards for a quality assurance program

for DNA analysis, issued by the Director of the Federal Bureau

of Investigation under section 14131 of this title;

(B) DNA samples obtained by, and DNA analyses performed at,

such laboratory will be accessible only -

(i) to criminal justice agencies for law enforcement

identification purposes;

(ii) in judicial proceedings, if otherwise admissible

pursuant to applicable statutes or rules;

(iii) for criminal defense purposes, to a defendant, who

shall have access to samples and analyses performed in

connection with the case in which such defendant is charged;

or

(iv) if personally identifiable information is removed, for

a population statistics database, for identification research

and protocol development purposes, or for quality control

purposes; and

(C) such laboratory, and each analyst performing DNA analyses

at such laboratory, will undergo semiannual external

proficiency testing by a DNA proficiency testing program

meeting the standards issued under section 14131 of this title.

(13) If any part of the amount received from a grant under this

subchapter is to be used to improve the quality, timeliness, and

credibility of forensic science services for criminal justice

purposes, a certification that, as of December 21, 2000, the

State, or unit of local government within the State, has an

established -

(A) forensic science laboratory or forensic science

laboratory system, that -

(i) employs 1 or more full-time scientists -

(I) whose principal duties are the examination of

physical evidence for law enforcement agencies in criminal

matters; and

(II) who provide testimony with respect to such physical

evidence to the criminal justice system;

(ii) employs generally accepted practices and procedures,

as established by appropriate accrediting organizations; and

(iii) is accredited by the Laboratory Accreditation Board

of the American Society of Crime Laboratory Directors, the

National Association of Medical Examiners, or any other

nonprofit, professional organization that may be recognized

within the forensic science community as competent to award

such accreditation, or will use a portion of the grant amount

to prepare and apply for such accreditation by not later than

2 years after the date on which a grant is initially awarded

under this paragraph; or

(B) medical examiner's office (as defined by the National

Association of Medical Examiners) that -

(i) employs generally accepted practices and procedures, as

established by appropriate accrediting organizations; and

(ii) is accredited by the Laboratory Accreditation Board of

the American Society of Crime Laboratory Directors or the

National Association of Medical Examiners, or will use a

portion of the grant amount to prepare and apply for such

accreditation by not later than 2 years after the date on

which a grant is initially awarded under this paragraph.

(b) Within 30 days after November 18, 1988, the Director shall

promulgate regulations to implement this section (including the

information that must be included and the requirements that the

States must meet) in submitting the applications required under

this section.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 503, as added Pub. L. 100-690, title

VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4331; amended Pub. L.

101-649, title V, Sec. 507(a), Nov. 29, 1990, 104 Stat. 5050; Pub.

L. 102-232, title III, Sec. 306(a)(6), Dec. 12, 1991, 105 Stat.

1751; Pub. L. 103-322, title XXI, Sec. 210302(b), Sept. 13, 1994,

108 Stat. 2065; Pub. L. 106-546, Sec. 8(a), Dec. 19, 2000, 114

Stat. 2734; Pub. L. 106-561, Sec. 2(b), Dec. 21, 2000, 114 Stat.

2787; Pub. L. 107-273, div. B, title V, Sec. 5001(a), Nov. 2, 2002,

116 Stat. 1813.)

-MISC1-

PRIOR PROVISIONS

For prior sections 503 of Pub. L. 90-351 and prior sections 3753

of this title, see note set out preceding section 3750 of this

title.

AMENDMENTS

2002 - Subsec. (a)(13)(A)(iii). Pub. L. 107-273 substituted ",

the National Association of Medical Examiners, or any other

nonprofit, professional organization that may be recognized within

the forensic science community as competent to award such

accreditation," for "or the National Association of Medical

Examiners,".

2000 - Subsec. (a)(12)(C). Pub. L. 106-546 substituted

"semiannual" for ", at regular intervals of not to exceed 180

days,".

Subsec. (a)(13). Pub. L. 106-561 added par. (13).

1994 - Subsec. (a)(12). Pub. L. 103-322 added par. (12).

1991 - Subsec. (a)(11). Pub. L. 102-232 substituted "notice" for

"the certified records" and inserted before period at end "and

under which the State will provide the Service with the certified

record of such a conviction within 30 days of the date of a request

by the Service for such record".

1990 - Subsec. (a)(11). Pub. L. 101-649 added par. (11).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-322 effective 60 days after Sept. 13,

1994, see section 210302(c)(4) of Pub. L. 103-322, set out as a

note under section 3751 of this title.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-232 effective as if included in the

enactment of the Immigration Act of 1990, Pub. L. 101-649, see

section 310(1) of Pub. L. 102-232, set out as a note under section

1101 of Title 8, Aliens and Nationality.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 507(b) of Pub. L. 101-649 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to

grants for fiscal years beginning with fiscal year 1991."

-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.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

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

under section 1551 of Title 8, Aliens and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3755, 3757, 3766b, 3782,

3796bb-1, 3796dd-1 of this title.

-End-

-CITE-

42 USC Sec. 3754 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part A - Drug Control and System Improvement Grant Program

-HEAD-

Sec. 3754. Grant limitations

-STATUTE-

(a) Cost of identified uses

A grant made under this part may not -

(1) for fiscal year 1991 appropriations be expended for more

than 75 per centum; and

(2) for any subsequent fiscal year appropriations be expended

for more than 75 per centum;

of the cost of the identified uses for which such grant is received

to carry out any purpose specified in section 3751(b) 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) Administrative costs

Not more than 10 percent of a grant made to an eligible State

under section 3756 of this title may be used for costs incurred to

administer such grant.

(c) Participation in State and Local Task Force Program; use of

grant

States and units of local government or combinations thereof are

authorized to use a grant made under section 3756 of this title for

the expenses associated with participation in the State and Local

Task Force Program established by the Drug Enforcement

Administration.

(d) Conduct of evaluation expenses

States and local units of government are authorized to use a

grant made under section 3756 of this title for the expenses

associated with conducting the evaluations required under section

3751(c) of this title.

(e) Non-Federal portion costs

The non-Federal portion of the cost of such program or project

shall be in cash. State and local units of government may use cash

received under the equitable sharing program to cover the

non-Federal portion of the costs of programs funded under section

3756 of this title.

(f) Programs already receiving funds

Except for grants awarded to State and local governments for the

purpose of participating in multijurisdictional drug task forces

(!1) victims assistance programs, or multijurisdictional gang task

forces, no funds may be awarded under this part to a grant

recipient for a program or project for which funds have been

awarded under this chapter for 4 years (in the aggregate),

including any period occurring before November 18, 1988.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 504, as added Pub. L. 100-690, title

VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4333; amended Pub. L.

101-162, title II, Sec. 211, Nov. 21, 1989, 103 Stat. 1006; Pub. L.

101-515, title II, Sec. 207, Nov. 5, 1990, 104 Stat. 2119; Pub. L.

101-647, title VI, Sec. 601(a), Nov. 29, 1990, 104 Stat. 4823; Pub.

L. 102-140, title I, Secs. 108, 109, Oct. 28, 1991, 105 Stat. 794;

Pub. L. 103-322, title XV, Sec. 150009, Sept. 13, 1994, 108 Stat.

2036; Pub. L. 107-273, div. A, title II, Sec. 203(a)(1), Nov. 2,

2002, 116 Stat. 1775.)

-MISC1-

PRIOR PROVISIONS

For prior sections 504 of Pub. L. 90-351 and prior sections 3754

of this title, see note set out preceding section 3750 of this

title.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273 substituted "3751(b)" for

"3752" in concluding provisions.

1994 - Subsec. (f). Pub. L. 103-322 inserted "victims assistance

programs, or multijurisdictional gang task forces" after "drug task

forces".

1991 - Subsec. (a)(2). Pub. L. 102-140, Sec. 109, substituted "75

per centum" for "50 per centum".

Subsec. (f). Pub. L. 102-140, Sec. 108, substituted "Except for

grants awarded to State and local governments for the purpose of

participating in multijurisdictional drug task forces, no" for

"No".

1990 - Subsec. (a)(1). Pub. L. 101-515 and Pub. L. 101-647

amended par. (1) identically, substituting "1991" for "1990".

1989 - Subsec. (a)(1). Pub. L. 101-162 substituted "1990" for

"1989".

EXEMPTION FOR CERTAIN GRANTS FOR FISCAL YEAR 1994

Pub. L. 103-121, title I, Sec. 112, Oct. 27, 1993, 107 Stat.

1165, provided that: "For fiscal year 1994 only, grants awarded to

State and local governments for the purpose of participating in

gang task forces and for programs or projects to abate drug

activity in residential and commercial buildings through community

participation, shall be exempt from the provisions of section

504(f) of the Omnibus Crime Control and Safe Streets Act of 1968,

as amended [42 U.S.C. 3754(f)]."

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

-End-

-CITE-

42 USC Sec. 3755 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part A - Drug Control and System Improvement Grant Program

-HEAD-

Sec. 3755. Review of State applications

-STATUTE-

(a) Financial assistance upon approval of application or amendment

The Bureau shall provide financial assistance to each State

applicant under this part to carry out the programs or projects

submitted by such applicant upon determining that -

(1) the application or amendment thereto is consistent with the

requirements of this part; and

(2) before the approval of the application and any amendment

thereto the Bureau has made an affirmative finding in writing

that the program or project has been reviewed in accordance with

this part.

(b) Time limitation for approval; specific reasons for disapproval

Each application or amendment made and submitted for approval to

the Bureau pursuant to section 3753 of this title shall be deemed

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) Limitation on use of grant funds for land acquisition or

construction projects

Grant funds awarded under this part shall not be used for land

acquisition or construction projects, other than penal and

correctional institutions.

(d) Reasonable notice and opportunity for reconsideration before

final disapproval

The Bureau shall not finally disapprove any application, or any

amendment thereto, submitted to the Director under this section

without first affording the applicant reasonable notice and

opportunity for reconsideration.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 505, as added Pub. L. 100-690, title

VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4333.)

-MISC1-

PRIOR PROVISIONS

For prior sections 505 of Pub. L. 90-351 and prior sections 3755

of this title, see note set out preceding section 3750 of this

title.

-End-

-CITE-

42 USC Sec. 3756 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part A - Drug Control and System Improvement Grant Program

-HEAD-

Sec. 3756. Allocation and distribution of funds under formula

grants

-STATUTE-

(a) States

Subject to subsection (f) of this section, of the total amount

appropriated for this subchapter in any fiscal year, the amount

remaining after setting aside the amount required to be reserved to

carry out section 3761 of this title shall be set aside for section

3752 of this title and allocated to States as follows:

(1) $500,000 or 0.25 percent, whichever is greater, shall be

allocated to each of the States; and

(2) of the total funds remaining after the allocation under

paragraph (1), there shall be allocated to each State an amount

which bears the same ratio to the amount of remaining funds

described in this paragraph as the population of such State bears

to the population of all the States.

(b) Units of local government

(1) Each State which receives funds under subsection (a) of this

section in a fiscal year shall distribute among units of local

government, or combinations of units of local government, in such

State for the purposes specified in section 3751(b) of this title

that portion of such funds which bears the same ratio to the

aggregate amount of such funds as the amount of funds expended by

all units of local government for criminal justice in the preceding

fiscal year bears to the aggregate amount of funds expended by the

State and all units of local government in such State for criminal

justice in such preceding fiscal year.

(2) In distributing funds received under this subchapter among

urban, rural, and suburban units of local government and

combinations thereof, the State shall give priority to those

jurisdictions with the greatest need.

(3) Any funds not distributed to units of local government under

paragraph (2) shall be available for expenditure by the State

involved.

(4) For purposes of determining the distribution of funds under

paragraphs (1) and (2), the most accurate and complete data

available for the fiscal year involved shall be used. If data for

such fiscal year are not available, then the most accurate and

complete data available for the most recent fiscal year preceding

such fiscal year shall be used.

(c) Programs eligible

No funds allocated to a State under subsection (a) of this

section or received by a State for distribution under subsection

(b) of this section may be distributed by the Director or by the

State involved for any program other than a program contained in an

approved application.

(d) Unneeded State allocated funds distributed to units of local

government

If the Director determines, on the basis of information available

during any fiscal year, that a portion of the funds allocated to a

State for that fiscal year will not be required or that a State

will be unable to qualify or receive funds under section 3752 of

this title, or that a State chooses not to participate in the

program established under such section, then such portion shall be

awarded by the Director to urban, rural, and suburban units of

local government or combinations thereof within such State giving

priority to those jurisdictions with greatest need.

(e) Funds not distributed

Any funds allocated under subsection (a) or (f) of this section

that are not distributed under this section shall be available for

obligation under part B of this subchapter.

(f) Testing certain sex offenders for human immunodeficiency virus

(1) For any fiscal year beginning more than 2 years after

November 29, 1990 -

(A) 90 percent of the funds allocated under subsection (a) of

this section without regard to this subsection to a State

described in paragraph (2) shall be distributed by the Director

to such State; and

(B) 10 percent of such funds shall be allocated equally among

States that are not affected by the operation of subparagraph

(A).

(2) Paragraph (1)(A) refers to a State that does not have in

effect, and does not enforce, in such fiscal year, a law that

requires the State at the request of the victim of a sexual act -

(A) to administer, to the defendant convicted under State law

of such sexual act, a test to detect in such defendant the

presence of the etiologic agent for acquired immune deficiency

syndrome;

(B) to disclose the results of such test to such defendant and

to the victim of such sexual act; and

(C) to provide to the victim of such sexual act counseling

regarding HIV disease, HIV testing, in accordance with applicable

law, and referral for appropriate health care and support

services.

(3) For purposes of this subsection -

(A) the term "convicted" includes adjudicated under juvenile

proceedings; and

(B) the term "sexual act" has the meaning given such term in

subparagraph (A) or (B) of section 2245(1) (!1) of title 18.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 506, as added Pub. L. 100-690, title

VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4334; amended Pub. L.

101-162, title II, Sec. 212, Nov. 21, 1989, 103 Stat. 998, 1006;

Pub. L. 101-302, title III, Sec. 320(c)(1), May 25, 1990, 104 Stat.

248; Pub. L. 101-647, title XVIII, Sec. 1804, Nov. 29, 1990, 104

Stat. 4851; Pub. L. 103-322, title XXXIII, Sec. 330001(a), Sept.

13, 1994, 108 Stat. 2138; Pub. L. 107-273, div. A, title II, Sec.

203(a)(2), Nov. 2, 2002, 116 Stat. 1775.)

-REFTEXT-

REFERENCES IN TEXT

Section 2245 of title 18, referred to in subsec. (f)(3)(B), was

renumbered section 2246 of title 18 by Pub. L. 103-322, title VI,

Sec. 60010(a)(1), Sept. 13, 1994, 108 Stat. 1972.

-MISC1-

PRIOR PROVISIONS

For prior section 506 of Pub. L. 90-351 and prior section 3756 of

this title, see note set out preceding section 3750 of this title.

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-273 struck out "participating"

before "States".

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

substituted "Subject to subsection (f) of this section, of" for

"Of" in introductory provisions.

Subsec. (c). Pub. L. 103-322, Sec. 330001(a)(2), substituted

"subsection (b)" for "subsections (b) and (c)".

Subsec. (e). Pub. L. 103-322, Sec. 330001(a)(3), substituted "or

(f)" for "or (e)".

Subsec. (f)(1). Pub. L. 103-322, Sec. 330001(a)(4), in subpar.

(A), struck out ", taking into consideration subsection (e) of this

section but" before "without regard" and the comma after "to this

subsection", and in subpar. (B), substituted "such funds" for "such

amount".

1990 - Subsec. (a). Pub. L. 101-302, Sec. 320(c)(1)(A), in

introductory provisions inserted "required" after "setting aside

the amount".

Subsec. (a)(1). Pub. L. 101-647, Sec. 1804(1), which directed

substitution of "subsections (e) and (f)" for "subsection (e)",

could not be executed because the words "subsection (e)" did not

appear.

Pub. L. 101-302, Sec. 320(c)(1)(B), substituted "$500,000 or 0.25

percent, whichever is greater," for "0.4 percent".

Subsec. (f). Pub. L. 101-647, Sec. 1804(2), (3), which directed

the addition of subsec. (f) and redesignation of former subsec. (f)

as (g), was executed by adding subsec. (f), there being no prior

subsec. (f).

1989 - Subsec. (a). Pub. L. 101-162, Sec. 212, amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows: "Of

the total amount appropriated for this subchapter in any fiscal

year, the amount remaining after setting aside the amount required

to be reserved to carry out section 3761 of this title shall be set

aside for section 3752 of this title and allocated to States as

follows:

"(1) $500,000 or 0.25 percent, whichever if greater, shall be

allocated to each of the participating States; and

"(2) of the total funds remaining after the allocation under

paragraph (1), there shall be allocated to each State an amount

which bears the same ratio to the amount of remaining funds

described in this paragraph as the population of such State bears

to the population of all the States."

Subsec. (a)(1). Pub. L. 101-162, title II, inserted "or 0.25

percent, whichever is greater," after "$500,000".

-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 3754, 3758, 3759, 3766,

3766b, 3791, 3796bb-1, 14071 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 3757 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part A - Drug Control and System Improvement Grant Program

-HEAD-

Sec. 3757. State office

-STATUTE-

(a) The chief executive of each participating State shall

designate a State office for purposes of -

(1) preparing an application to obtain funds under section 3753

of this title;

(2) administering funds received under such section from the

Director, including receipt, review, processing, monitoring,

progress and financial report review, technical assistance, grant

adjustments, accounting, auditing and fund disbursements; and

(3) coordinating the distribution of funds provided under this

subchapter with State agencies receiving Federal funds for drug

abuse education, prevention, treatment, and research activities

and programs.

(b) An office or agency performing other functions within the

executive branch of a State may be designated to carry out the

functions specified in subsection (a) of this section.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 507, as added Pub. L. 100-690, title

VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4335.)

-MISC1-

PRIOR PROVISIONS

For prior section 507 of Pub. L. 90-351 and prior section 3757 of

this title, see note set out preceding section 3750 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 3789, 3796cc-1, 3796ff-1

of this title.

-End-

-CITE-

42 USC Sec. 3758 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part A - Drug Control and System Improvement Grant Program

-HEAD-

Sec. 3758. Distribution of grants to local government

-STATUTE-

(a) Each application made by a local unit of government, or a

combination of units of local government, to a State for funds

under this part shall be deemed approved, in whole or in part, by

the State not later than 45 days after first received unless the

State informs the applicant in writing of specific reasons for

disapproval. The State shall not finally disapprove any application

submitted to the State without first affording the applicant

reasonable notice and opportunity for reconsideration.

(b) Each State which receives funds under section 3756 of this

title in a fiscal year shall make such funds available to local

units of government, or combinations thereof, whose application has

been submitted to, approved and awarded by the State, within 45

days after the Bureau has approved the State application and has

made funds available to such State. The Director shall have the

authority to waive the 45-day requirement in this section upon a

finding that the State cannot satisfy that requirement consistent

with State statutes.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 508, as added Pub. L. 100-690, title

VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4335.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in subsec. (a), was in the original "this

subchapter", and was translated as reading "this subpart", meaning

subpart 1 of part E of title I of the Omnibus Crime Control and

Safe Streets Act of 1968, because title I of that Act does not

contain subchapters.

-MISC1-

PRIOR PROVISIONS

For prior section 508 of Pub. L. 90-351 and prior section 3758 of

this title, see note set out preceding section 3750 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.

-End-

-CITE-

42 USC Sec. 3759 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part A - Drug Control and System Improvement Grant Program

-HEAD-

Sec. 3759. Improvement of criminal justice records

-STATUTE-

(a) Percentage allocation of funds

Subject to subsection (d) of this section, each State which

receives funds under section 3756 of this title in a fiscal year

shall allocate not less than 5 percent of such funds to the

improvement of criminal justice records.

(b) Includible improvements

The improvement referred to in subsection (a) of this section

shall include -

(1) the completion of criminal histories to include the final

dispositions of all arrests for felony offenses;

(2) the full automation of all criminal justice histories and

fingerprint records;

(3) the frequency and quality of criminal history reports to

the Federal Bureau of Investigation; and

(4) (!1) the improvement of State record systems and the

sharing with the Attorney General of all of the records described

in paragraphs (1), (2), and (3) of this subsection and the

records required by the Attorney General under section 103 of the

Brady Handgun Violence Prevention Act, for the purpose of

implementing that Act.

(4) (!1) the improvement of State record systems and the

sharing of all of the records described in paragraphs (1), (2),

and (3) and the child abuse crime records required under the

National Child Protection Act of 1993 [42 U.S.C. 5119 et seq.]

with the Attorney General for the purpose of implementing the

National Child Protection Act of 1993.

(c) Guidelines

The Director, in consultation with the Director of the Bureau of

Justice Statistics, shall establish guidelines for the fulfillment

of the requirements specified in subsections (a) and (b) of this

section.

(d) Expenditures unwarranted in light of quality of criminal

justice records

In accordance with such guidelines as the Director shall issue

and on the request of a State, the Director may -

(1) waive compliance with subsection (a) of this section by

such State; or

(2) authorize such State to reduce the minimum amount such

State is required to allocate under subsection (a) of this

section;

if the Director, in the discretion of the Director, finds that the

quality of the State's criminal justice records does not warrant

expending the amount allocated under subsection (a) of this

section.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 509, as added Pub. L. 101-647, title

XVIII, Sec. 1803(a), Nov. 29, 1990, 104 Stat. 4850; amended Pub. L.

103-159, title I, Sec. 106(a), Nov. 30, 1993, 107 Stat. 1543; Pub.

L. 103-209, Sec. 4(a), Dec. 20, 1993, 107 Stat. 2493.)

-REFTEXT-

REFERENCES IN TEXT

The Brady Handgun Violence Prevention Act, referred to in subsec.

(b)(4), is title I of Pub. L. 103-159, Nov. 30, 1993, 107 Stat.

1536, which enacted section 925A of Title 18, Crimes and Criminal

Procedure, amended this section and sections 921, 922, and 924 of

Title 18, and enacted provisions set out as notes under sections

921 and 922 of Title 18. Section 103 of Act is set out as a note

under section 922 of Title 18. For complete classification of this

Act to the Code, see Short Title of 1993 Amendment note set out

under section 921 of Title 18 and Tables.

The National Child Protection Act of 1993, referred to in subsec.

(b)(4), is Pub. L. 103-209, Dec. 20, 1993, 107 Stat. 2490, which is

classified principally to subchapter VI (Sec. 5119 et seq.) of

chapter 67 of this title. For complete classification of this Act

to the Code, see Short Title of 1993 Amendment note set out under

section 5101 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

For prior section 509 of Pub. L. 90-351 and prior section 3759 of

this title, see note set out preceding section 3750 of this title.

AMENDMENTS

1993 - Subsec. (b)(2). Pub. L. 103-159, Sec. 106(a)(1), and Pub.

L. 103-209, Sec. 4(a)(1), amended par. (2) identically, striking

"and" at end.

Subsec. (b)(3). Pub. L. 103-159, Sec. 106(a)(2), and Pub. L.

103-209, Sec. 4(a)(2), amended par. (3) identically, substituting

"; and" for period at end.

Subsec. (b)(4). Pub. L. 103-209, Sec. 4(a)(3), added par. (4)

relating to funding for improvement of State record systems and

sharing of records described in pars. (1), (2), and (3) and child

abuse crime information.

Pub. L. 103-159, Sec. 106(a)(3), added par. (4) relating to

funding for improvement of State record systems and sharing of

records described in pars. (1), (2), and (3) and records required

by the Attorney General under section 103 of the Brady Handgun

Violence Protection Act.

EFFECTIVE DATE

Section 1803(c) of Pub. L. 101-647 provided that: "The amendments

made by this section [enacting this section] shall not apply with

respect to any fiscal year beginning before the date of the

enactment of this Act [Nov. 29, 1990]."

-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. Two pars. (4) have been enacted.

-End-

-CITE-

42 USC Part B - Discretionary Grants 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part B - Discretionary Grants

-HEAD-

PART B - DISCRETIONARY GRANTS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 3742, 3756, 3766b of this

title.

-End-

-CITE-

42 USC subpart 1 - grants to public and private entities 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part B - Discretionary Grants

subpart 1 - grants to public and private entities

-HEAD-

SUBPART 1 - GRANTS TO PUBLIC AND PRIVATE ENTITIES

-End-

-CITE-

42 USC Sec. 3760 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part B - Discretionary Grants

subpart 1 - grants to public and private entities

-HEAD-

Sec. 3760. Purposes

-STATUTE-

(a) In general

The purpose of this subpart is to provide additional Federal

financial assistance to public or private agencies and private

nonprofit organizations for purposes of -

(1) undertaking educational and training programs for -

(A) criminal justice personnel; and

(B) the general public, with respect to the lawful and safe

ownership, storage, carriage, or use of firearms, including the

provision of secure gun storage or safety devices;

(2) providing technical assistance to States and local units of

government;

(3) undertaking projects which are national or

multijurisdictional in scope and which address the purposes

specified in section 3751(b) of this title; and

(4) providing financial assistance to public agencies and

private nonprofit organizations for demonstration programs which,

in view of previous research or experience, are likely to be a

success in more than one jurisdiction.

(b) Grants and contracts

In carrying out this subpart, the Director is authorized to make

grants to, or enter into contracts with non-Federal public or

private agencies, institutions, or organizations or individuals to

carry out any purpose specified in section 3751(b) of this title

and is authorized to make grants to, or enter into contracts with,

those persons and entities to carry out the purposes specified in

subsection (a)(1)(B) of this section in accordance with subsection

(c) of this section. The Director shall have final authority over

all funds awarded under this subpart.

(c) Firearm safety education grants

(1) In accordance with this subsection, the Director may make a

grant to, or enter into a contract with, any person or entity

referred to in subsection (b) of this section to provide for a

firearm safety program that, in a manner consistent with subsection

(a)(1)(B) of this section, provides for general public training and

dissemination of information concerning firearm safety, secure gun

storage, and the lawful ownership, carriage, or use of firearms,

including the provision of secure gun storage or safety devices.

(2) Funds made available under a grant under paragraph (1) may

not be used (either directly or by supplanting non-Federal funds)

for advocating or promoting gun control, including making

communications that are intended to directly or indirectly affect

the passage of Federal, State, or local legislation intended to

restrict or control the purchase or use of firearms.

(3) Except as provided in paragraph (4), each firearm safety

program that receives funding under this subsection shall provide

for evaluations that shall be developed pursuant to guidelines that

the Director of the National Institute of Justice of the Department

of Justice, in consultation with the Director of the Bureau of

Justice Assistance and recognized private entities that have

expertise in firearms safety, education and training, shall

establish.

(4) With respect to a firearm safety program that receives

funding under this section, the Director may waive the evaluation

requirement described in paragraph (3) if the Director determines

that the program -

(A) is not of a sufficient size to justify an evaluation; or

(B) is designed primarily to provide material resources and

supplies, and that activity would not justify an evaluation.

(d) Limitations as to non-governmental entities

No grants or contracts under subsection (b) of this section may

be made, entered into, or used, directly or indirectly, to provide

any security enhancements or any equipment to any non-governmental

entity that is not engaged in law enforcement or law enforcement

support, criminal or juvenile justice, or delinquency prevention.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 510, as added Pub. L. 100-690, title

VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4335; amended Pub. L.

101-647, title XVIII, Sec. 1801(a)(2), Nov. 29, 1990, 104 Stat.

4847; Pub. L. 103-322, title XXXII, Sec. 320702(a), Sept. 13, 1994,

108 Stat. 2121; Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec.

120(a)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-70; Pub. L.

107-273, div. A, title II, Sec. 203(a)(3), (4), Nov. 2, 2002, 116

Stat. 1775.)

-MISC1-

PRIOR PROVISIONS

For prior section 510 of Pub. L. 90-351 and prior section 3760 of

this title, see note set out preceding section 3750 of this title.

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-273, Sec. 203(a)(3),

substituted "3751(b)" for "3752".

Subsec. (d). Pub. L. 107-273, Sec. 203(a)(4), added subsec. (d).

1998 - Subsec. (a)(1). Pub. L. 105-277, Sec. 101(b) [title I,

Sec. 120(a)(1)], added par. (1) and struck out former par. (1)

which read as follows: "undertaking educational and training

programs for criminal justice personnel;".

Subsec. (b). Pub. L. 105-277, Sec. 101(b) [title I, Sec.

120(a)(2)], inserted before period at end of first sentence "and is

authorized to make grants to, or enter into contracts with, those

persons and entities to carry out the purposes specified in

subsection (a)(1)(B) of this section in accordance with subsection

(c) of this section".

Subsec. (c). Pub. L. 105-277, Sec. 101(b) [title I, Sec.

120(a)(3)], added subsec. (c).

1994 - Subsec. (b). Pub. L. 103-322 inserted "non-Federal" after

"with".

1990 - Pub. L. 101-647 substituted "subpart" for "part" wherever

appearing.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 120(b)], Oct.

21, 1998, 112 Stat. 2681-50, 2681-71, provided that: "The

amendments made by this section [amending this section] shall take

effect on the earlier of -

"(1) October 1, 1998; or

"(2) the date of enactment of this Act [Oct. 21, 1998]."

EFFECTIVE DATE OF 1994 AMENDMENT

Section 320702(b) of Pub. L. 103-322 provided that: "The

amendment made by subsection (a) [amending this section] shall take

effect on October 1, 1994."

-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. 3761 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part B - Discretionary Grants

subpart 1 - grants to public and private entities

-HEAD-

Sec. 3761. Allocation of funds for grants

-STATUTE-

Of the total amount appropriated for this subchapter (other than

subpart 2 of this part) in any fiscal year, 20 percent or

$50,000,000, whichever is less, shall be reserved and set aside for

this section in a special discretionary fund for use by the

Director in carrying out the purposes specified in section 3751(b)

of this title. Grants under this section may be made for amounts up

to 100 percent of the costs of the programs or projects contained

in the approved application.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 511, as added Pub. L. 100-690, title

VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4336; amended Pub. L.

101-647, title XVIII, Sec. 1801(a)(3), Nov. 29, 1990, 104 Stat.

4847; Pub. L. 107-273, div. A, title II, Sec. 203(a)(5), Nov. 2,

2002, 116 Stat. 1775.)

-MISC1-

PRIOR PROVISIONS

For prior section 511 of Pub. L. 90-351 and prior sections 3761

of this title, see note set out preceding section 3750 of this

title.

AMENDMENTS

2002 - Pub. L. 107-273 substituted "3751(b)" for "3753".

1990 - Pub. L. 101-647 struck out "discretionary" before "grants"

in section catchline and inserted "(other than subpart 2 of this

part)" after "subchapter" in text.

-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 3756, 3762, 3763, 3766 of

this title.

-End-

-CITE-

42 USC Sec. 3762 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part B - Discretionary Grants

subpart 1 - grants to public and private entities

-HEAD-

Sec. 3762. Limitation on use of discretionary grant funds

-STATUTE-

Grant funds awarded under section 3761 of this title shall not be

used for land acquisition or construction projects.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 512, as added Pub. L. 100-690, title

VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4336.)

-MISC1-

PRIOR PROVISIONS

For prior sections 512 to 514 of Pub. L. 90-351 and prior

sections 3762 to 3764 of this title, see note set out preceding

section 3750 of this title and sections 3763 and 3764 of this

title.

-End-

-CITE-

42 USC subpart 2 - grants to public agencies 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part B - Discretionary Grants

subpart 2 - grants to public agencies

-HEAD-

SUBPART 2 - GRANTS TO PUBLIC AGENCIES

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 3761, 3793 of this title.

-End-

-CITE-

42 USC Sec. 3762a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part B - Discretionary Grants

subpart 2 - grants to public agencies

-HEAD-

Sec. 3762a. Correctional options grants

-STATUTE-

(a) Authority to make grants

The Director, in consultation with the Director of the National

Institute of Corrections, may make -

(1) 4 grants in each fiscal year, in various geographical areas

throughout the United States, to public agencies for correctional

options (including the cost of construction) that provide

alternatives to traditional modes of incarceration and offender

release programs -

(A) to provide more appropriate intervention for youthful

offenders who are not career criminals, but who, without such

intervention, are likely to become career criminals or more

serious offenders;

(B) to provide a degree of security and discipline

appropriate for the offender involved;

(C) to provide diagnosis, and treatment and services

(including counseling, substance abuse treatment, education,

job training and placement assistance while under correctional

supervision, and linkage to similar outside services), to

increase the success rate of offenders who decide to pursue a

course of lawful and productive conduct after release from

legal restraint;

(D) to reduce criminal recidivism by offenders who receive

punishment through such alternatives;

(E) to reduce the cost of correctional services and

facilities by reducing criminal recidivism; and

(F) to provide work that promotes development of industrial

and service skills in connection with a correctional option;

(2) grants to private nonprofit organizations -

(A) for any of the purposes specified in subparagraphs (A)

through (F) of paragraph (1);

(B) to undertake educational and training programs for

criminal justice personnel;

(C) to provide technical assistance to States and local units

of government; and

(D) to carry out demonstration projects which, in view of

previous research or experience, are likely to be a success in

more than one jurisdiction;

in connection with a correctional option (excluding the cost of

construction); and

(3) grants to public agencies to establish, operate, and

support boot camp prisons.

(b) Selection of grantees

The selection of applicants to receive grants under paragraphs

(1) and (2) of subsection (a) of this section shall be based on

their potential for developing or testing various innovative

alternatives to traditional modes of incarceration and offender

release programs. In selecting the applicants to receive grants

under subsection (a)(3) of this section, the Director shall -

(1) consider the overall quality of an applicant's shock

incarceration program, including the existence of substance abuse

treatment, drug testing, counseling literacy education,

vocational education, and job training programs during

incarceration or after release; and

(2) give priority to public agencies that clearly demonstrate

that the capacity of their correctional facilities is inadequate

to accommodate the number of individuals who are convicted of

offenses punishable by a term of imprisonment exceeding 1 year.

(c) Consultations

The Director shall consult with the Commission on Alternative

Utilization of Military Facilities created by Public Law 100-456 in

order to identify military facilities that may be used as sites for

correctional programs receiving assistance under this subpart.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 515, as added Pub. L. 101-647, title

XVIII, Sec. 1801(a)(7), Nov. 29, 1990, 104 Stat. 4847; amended Pub.

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

Stat. 2138.)

-REFTEXT-

REFERENCES IN TEXT

The Commission on Alternative Utilization of Military Facilities,

referred to in subsec. (c), was created by section 2819 of Pub. L.

100-456, as amended, which was set out as a note under section 2391

of Title 10, Armed Forces, prior to repeal by Pub. L. 105-261, div.

A, title X, Sec. 1031(b), Oct. 17, 1998, 112 Stat. 2123.

-MISC1-

PRIOR PROVISIONS

For prior section 515 of Pub. L. 90-351, see note set out

preceding section 3750 of this title.

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-322, in introductory provisions

substituted "paragraphs (1) and (2) of subsection (a)" for

"subsection (a)(1) and (2)", and in par. (2) substituted "public

agencies" for "States".

-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 3762b, 3763, 3766 of this

title; title 10 section 2693.

-End-

-CITE-

42 USC Sec. 3762b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part B - Discretionary Grants

subpart 2 - grants to public agencies

-HEAD-

Sec. 3762b. Allocation of funds; administrative provisions

-STATUTE-

(a) Allocation of funds

Of the total amount appropriated for this subpart in any fiscal

year, 80 percent shall be used to make grants under section

3762a(a)(1) of this title, 10 percent shall be used to make grants

under section 3762a(a)(2) of this title, and 10 percent shall be

used to make grants under section 3762a(a)(3) of this title.

(b) Limit on grant share of cost

A grant made under paragraph (1) or (3) of section 3762a(a) of

this title may be made for an amount up to 75 percent of the cost

of the correctional option contained in the approved application.

(c) Rules; report; request for applications

The Director shall -

(1) not later than 90 days after funds are first appropriated

to carry out this subpart, issue rules to carry out this subpart;

and

(2) not later than 180 days after funds are first appropriated

to carry out this subpart -

(A) submit to the Speaker of the House of Representatives and

the President pro tempore of the Senate, a report describing

such rules; and

(B) request applications for grants under this subpart.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 516, as added Pub. L. 101-647, title

XVIII, Sec. 1801(a)(7), Nov. 29, 1990, 104 Stat. 4848; amended Pub.

L. 103-322, title XXXIII, Sec. 330001(b)(2), Sept. 13, 1994, 108

Stat. 2138.)

-MISC1-

PRIOR PROVISIONS

For prior section 516 of Pub. L. 90-351, see note set out

preceding section 3750 of this title.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322, Sec. 330001(b)(2)(A),

substituted "10 percent shall be used to make grants under section"

for "10 percent for section" in two places.

Subsec. (b). Pub. L. 103-322, Sec. 330001(b)(2)(B), substituted

"paragraph (1) or (3) of section 3762a(a)" for "section 3762a(a)(1)

or (a)(3)".

-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 subpart 3 - general requirements 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part B - Discretionary Grants

subpart 3 - general requirements

-HEAD-

SUBPART 3 - GENERAL REQUIREMENTS

-End-

-CITE-

42 USC Sec. 3763 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part B - Discretionary Grants

subpart 3 - general requirements

-HEAD-

Sec. 3763. Application requirements

-STATUTE-

(a) No grant may be made under this part unless an application

has been submitted to the Director in which the applicant -

(1) sets forth a program or project which is eligible for

funding pursuant to section 3761 or 3762a of this title;

(2) describes the services to be provided, performance goals,

and the manner in which the program is to be carried out;

(3) describes the method to be used to evaluate the program or

project in order to determine its impact and effectiveness in

achieving the stated goals; and

(4) agrees to conduct such evaluation according to the

procedures and terms established by the Bureau.

(b) Each applicant for funds under this part shall certify that

its program or project meets all the applicable requirements of

this section, that all the applicable information contained in the

application is correct, and that the applicant will comply with all

the applicable provisions of this part and all other applicable

Federal laws. Such certification shall be made in a form acceptable

to the Director.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 517, formerly Sec. 513, as added

Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat.

4336; renumbered Sec. 517 and amended Pub. L. 101-647, title XVIII,

Sec. 1801(a)(4), (6), Nov. 29, 1990, 104 Stat. 4847.)

-MISC1-

PRIOR PROVISIONS

For prior section 517 of Pub. L. 90-351 and prior sections 3763

of this title, see note set out preceding section 3750 of this

title.

AMENDMENTS

1990 - Subsec. (a)(1). Pub. L. 101-647, Sec. 1801(a)(4)(A),

inserted "or 3762a" after "3761".

Subsec. (b). Pub. L. 101-647, Sec. 1801(a)(4)(B), inserted

"applicable" after "all the" in three places.

-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 section 3796gg-1 of this title.

-End-

-CITE-

42 USC Sec. 3764 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part B - Discretionary Grants

subpart 3 - general requirements

-HEAD-

Sec. 3764. Period of award

-STATUTE-

The Bureau may provide financial aid and assistance to programs

or projects under this part for a period of not to exceed 4 years.

Grants made pursuant to this part may be extended or renewed by the

Bureau for an additional period of up to 2 years if -

(1) an evaluation of the program or project indicates that it

has been effective in achieving the stated goals or offers the

potential for improving the functioning of the criminal justice

system; and

(2) the applicant that conducts such program or project agrees

to provide at least one-half of the total cost of such program or

project from any source of funds, including Federal grants,

available to the eligible jurisdiction.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 518, formerly Sec. 514, as added

Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat.

4336; renumbered Sec. 518 and amended Pub. L. 101-647, title XVIII,

Sec. 1801(a)(5), (6), Nov. 29, 1990, 104 Stat. 4847.)

-MISC1-

PRIOR PROVISIONS

For prior sections 518 and 519 of Pub. L. 90-351 and prior

sections 3764 and 3765 of this title, see note set out preceding

section 3750 of this title.

AMENDMENTS

1990 - Par. (2). Pub. L. 101-647, Sec. 1801(a)(5), substituted

"applicant that conducts such program or project" for "public

agency or private nonprofit organization within which the program

or project has been conducted".

-End-

-CITE-

42 USC Part C - Administrative Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part C - Administrative Provisions

-HEAD-

PART C - ADMINISTRATIVE PROVISIONS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 3766 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part C - Administrative Provisions

-HEAD-

Sec. 3766. Evaluation

-STATUTE-

(a) Guidelines and comprehensive evaluations

To increase the efficiency and effectiveness of programs funded

under this subchapter, the National Institute of Justice shall -

(1) develop guidelines, in cooperation with the Bureau of

Justice Assistance, to assist State and local units of government

to conduct the program evaluations as required by section 3751(c)

of this title; and

(2) conduct a reasonable number of comprehensive evaluations of

programs funded under section 3756 (formula grants) and sections

3761 and 3762a (discretionary grants) of this title.

(b) Criteria for selecting programs for review

In selecting programs for review, the Director of the National

Institute of Justice should consider -

(1) whether the program establishes or demonstrates a new and

innovative approach to drug or crime control;

(2) the cost of the program to be evaluated and the number of

similar programs funded under section 3756 (formula grants) and

section 3761 (discretionary grants) of this title;

(3) whether the program has a high potential to be replicated

in other jurisdictions; and

(4) whether there is substantial public awareness and community

involvement in the program. Routine auditing, monitoring, and

internal assessment of a State and local drug control program's

progress shall be the sole responsibility of the Bureau of

Justice Assistance.

(c) Annual report

The Director of the National Institute of Justice shall annually

report to the President, the Attorney General, and the Congress on

the nature and findings of the evaluation and research and

development activities funded under this section.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 520, as added Pub. L. 100-690, title

VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4337; amended Pub. L.

101-647, title XVIII, Sec. 1801(b), Nov. 29, 1990, 104 Stat. 4848.)

-MISC1-

PRIOR PROVISIONS

For prior section 520 of Pub. L. 90-351 and prior sections 3766

of this title, see note set out preceding section 3750 of this

title.

AMENDMENTS

1990 - Subsec. (a)(2). Pub. L. 101-647 substituted "sections 3761

and 3762a" for "section 3761".

-End-

-CITE-

42 USC Sec. 3766a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part C - Administrative Provisions

-HEAD-

Sec. 3766a. General provisions

-STATUTE-

(a) The Bureau shall prepare both a "Program Brief" and

"Implementation Guide" document for proven programs and projects to

be funded under this subchapter.

(b) The functions, powers, and duties specified in this

subchapter to be carried out by the Bureau shall not be transferred

elsewhere in the Department of Justice unless specifically

hereafter authorized by the Congress by law.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 521, as added Pub. L. 100-690, title

VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4337.)

-MISC1-

PRIOR PROVISIONS

For prior section 521 of Pub. L. 90-351, see note set out

preceding section 3750 of this title.

-End-

-CITE-

42 USC Sec. 3766b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS

Part C - Administrative Provisions

-HEAD-

Sec. 3766b. Reports

-STATUTE-

(a) Each State which receives a grant under section 3756 of this

title 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 State strategy submitted under section

3753 of this title;

(2) a summary of the activities carried out in such year with

any grant received under part B of this subchapter by such State;

(3) the evaluation result of programs and projects;

(4) an explanation of how the Federal funds provided under this

subchapter were coordinated with State agencies receiving Federal

funds for drug abuse education, prevention, treatment, and

research activities; and

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

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

Director may require by rule.

(b) Not later than 180 days after the end of each fiscal year for

which grants are made under this subchapter, the Director shall

submit to the Speaker of the House of Representatives and the

President pro tempore of the Senate a report that includes with

respect to each State -

(1) the aggregate amount of grants made under part A of this

subchapter and part B of this subchapter to such State for such

fiscal year;

(2) the amount of such grants awarded for each of the purposes

specified in part A of this subchapter;

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

paragraphs (1) and (2) of subsection (a) of this section;

(4) an explanation of how Federal funds provided under this

subchapter have been coordinated with Federal funds provided to

States for drug abuse education, prevention, treatment, and

research activities; and

(5) evaluation results of programs and projects and State

strategy implementation.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 522, as added Pub. L. 100-690, title

VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4337.)

-MISC1-

PRIOR PROVISIONS

For prior sections 523, 524, and 526 to 528 of Pub. L. 90-351 and

prior sections 3767 and 3768 of this title, see note set out

preceding section 3750 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.

-End-

-CITE-

42 USC SUBCHAPTER VI - CRIMINAL JUSTICE FACILITY

CONSTRUCTION: PILOT PROGRAM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VI - CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT

PROGRAM

-HEAD-

SUBCHAPTER VI - CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT

PROGRAM

-End-

-CITE-

42 USC Sec. 3769 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VI - CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT

PROGRAM

-HEAD-

Sec. 3769. Authority for payments

-STATUTE-

In order to relieve overcrowding and substandard conditions at

State and local correctional facilities, the Director of the Bureau

of Justice Assistance (hereinafter in this subchapter referred to

as the "Director") is authorized to make grants to States, units of

local government, and combinations of such units to assist in

construction of correctional facility projects approved under this

subchapter, and in planning to relieve overcrowding and substandard

conditions in correctional facilities.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 601, as added Pub. L. 98-473, title

II, Sec. 609, Oct. 12, 1984, 98 Stat. 2088.)

-MISC1-

PRIOR PROVISIONS

For prior sections 3769 and 3770, see note set out preceding

section 3761 of this title.

A prior section 601 of Pub. L. 90-351 was renumbered section 501

and classified to section 3761 of this title. See note set out

preceding section 3750 of this title.

Another prior section 601 of Pub. L. 90-351, title I, June 19,

1968, 82 Stat. 209, was classified to section 3781 of this title

and defined terms used in this chapter, prior to the general

amendment of this chapter by Pub. L. 96-157. See section 3791 of

this title.

EFFECTIVE DATE

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

L. 98-473, set out as a 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)

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. 3769a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VI - CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT

PROGRAM

-HEAD-

Sec. 3769a. Eligibility

-STATUTE-

(a) Conditions

A State, unit of local government, or combination of such units

shall be eligible for assistance under this subchapter for a

correctional facility project only -

(1) if the Director, with the concurrence of the Director of

the National Institute of Corrections established in chapter 319

of title 18, has made a determination that such project

represents a prototype of new and innovative methods and advanced

design that will stand as examples of technology for avoiding

delay and reducing costs in correctional facility design,

construction, and improvement; and

(2) for not more than one such project in any State per fiscal

year.

(b) Development of plan; limitation of assistance

A State, a unit of local government, or a combination of such

units shall be eligible for assistance under this subchapter for

the development of a plan for relieving overcrowding or substandard

conditions in correctional facilities operated by the State, a unit

of local government, or a combination of such units. Such

assistance shall not exceed 50 percent of the cost of developing

the plan.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 602, as added Pub. L. 98-473, title

II, Sec. 609, Oct. 12, 1984, 98 Stat. 2088; amended Pub. L.

103-322, title XXXIII, Sec. 330001(h)(3), Sept. 13, 1994, 108 Stat.

2139.)

-MISC1-

PRIOR PROVISIONS

A prior section 602 of Pub. L. 90-351 was renumbered section 502

and classified to section 3762 of this title. See note set out

preceding section 3750 of this title.

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-322 substituted "chapter 319"

for "chapter 315".

-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 section 3769b of this title.

-End-

-CITE-

42 USC Sec. 3769b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VI - CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT

PROGRAM

-HEAD-

Sec. 3769b. Application; approval; payment

-STATUTE-

(a) Terms and conditions of application

A State, unit of local government, or combination of such units

desiring to receive assistance under this subchapter for a

correctional facility project shall submit to the Director an

application which shall include -

(1) reasonable assurance that the applicant has developed an

acceptable plan for reducing overcrowding and improving

conditions of confinement in its correctional facilities and has

implemented, or is in the process of implementing, such plan

through legislative, executive, or judicial initiatives;

(2) a detailed description of the correctional facility to be

constructed, altered, or expanded, including a description of the

site of such facility;

(3) an estimate of the total cost of the construction of such

project, including the amount of assistance requested for such

project;

(4) reasonable assurance that title to such site is or will be

vested solely in the applicant, or another agency or

instrumentality of the applicant;

(5) reasonable assurance that adequate financial support will

be available for the construction of the project and for its

maintenance and operation when complete; and

(6) reasonable assurance that the applicant will comply with

the standards and recommendations of the clearinghouse on the

construction and modernization of correctional facilities

established under section 3769d of this title.

(b) Approval of application; criteria

(1) The Director may approve any such application only if the

Director finds that -

(A) there are sufficient funds available to provide the

assistance requested;

(B) such assistance does not exceed 20 percent of the estimated

total cost of construction;

(C) the application contains such reasonable assurances as may

be required under subsection (a) of this section; and

(D) the eligibility criteria of section 3769a of this title are

met.

(2) In approving applications under this subsection, the Director

shall consider the numbers and general characteristics of the

inmate population (to include factors such as offenders' ages,

offenses, average term of incarceration, and custody status), and

the degree to which the applicant has implemented an inmate

classification system which addresses the need for appropriate

security assignment.

(c) Amount of payment; limitation

Upon approving an application under this section, the Director

shall award the amount of assistance so approved, but in no event

an amount greater than 20 percent of the cost of construction of

the approved correctional facility project, and shall provide for

payment to the applicant or, if designated by the applicant, any

agency or instrumentality of the applicant. Such amount shall be

paid, in advance or by way of reimbursement, and in such

installments consistent with the progress of construction as the

Director may determine. Funds paid under this subsection for the

construction of an approved project shall be used solely for

carrying out such project as so approved.

(d) Amendment of application; approval

An amendment of any application shall be subject to approval in

the same manner as an original application.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 603, as added Pub. L. 98-473, title

II, Sec. 609, Oct. 12, 1984, 98 Stat. 2088; amended Pub. L.

103-322, title XXXIII, Sec. 330001(h)(4), Sept. 13, 1994, 108 Stat.

2139.)

-MISC1-

PRIOR PROVISIONS

A prior section 603 of Pub. L. 90-351 was renumbered section 503

and classified to section 3763 of this title. See note set out

preceding section 3750 of this title.

AMENDMENTS

1994 - Subsec. (a)(6). Pub. L. 103-322 substituted "section

3769d" for "section 3769c".

-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. 3769c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VI - CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT

PROGRAM

-HEAD-

Sec. 3769c. Recapture provisions

-STATUTE-

If, within 20 years after completion of any correctional facility

project with respect to which assistance has been provided under

this subchapter, such facility ceases to be operated as a

correctional facility, the United States may recover from the

recipient of such assistance any amount not to exceed 20 percent of

the then current value of such project (but in no event an amount

greater than the amount of assistance provided under this

subchapter for such project), as determined by agreement with the

parties or by action brought in the district court of the United

States for the district in which such facility is situated.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 605, as added Pub. L. 98-473, title

II, Sec. 609, Oct. 12, 1984, 98 Stat. 2089; amended Pub. L.

103-322, title XXXIII, Sec. 330001(h)(5), Sept. 13, 1994, 108 Stat.

2139.)

-COD-

CODIFICATION

This section is based on section 605 of Pub. L. 90-351, as added

by section 609 of Pub. L. 98-473. Section 609 of Pub. L. 98-473

added this subchapter consisting of sections 601 to 603, 605, and

606 of Pub. L. 90-351, and did not contain a section 604.

-MISC1-

PRIOR PROVISIONS

A prior section 605 of Pub. L. 90-351 was renumbered section 505

and classified to section 3765 of this title. See note set out

preceding section 3750 of this title.

AMENDMENTS

1994 - Pub. L. 103-322 substituted "this subchapter" for "this

section" after "has been provided under".

-End-

-CITE-

42 USC Sec. 3769d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VI - CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT

PROGRAM

-HEAD-

Sec. 3769d. Clearinghouse on the construction and modernization of

criminal justice facilities

-STATUTE-

(a) Functions; information

The Director shall provide for the operation of a clearinghouse

on the construction and modernization of correctional facilities,

which shall collect, prepare, and disseminate to the public and to

interested State and local public agencies information, including

recommendations, pertaining to the construction and modernization

of correctional facilities. Such information shall include

information regarding -

(1) new and innovative methods and advanced design that will

stand as examples of technology for avoiding delay and reducing

costs in correctional facility design, construction, and

improvement;

(2) ways in which a construction planning program may be used

to improve the administration of the criminal justice system

within each State;

(3) recommended minimum standards concerning construction

materials and methods, to be updated from time to time to reflect

technological advances;

(4) the cost effectiveness of available construction materials,

methods, and design technologies;

(5) the training of correctional facility personnel; and

(6) health and safety considerations in construction planning.

(b) Authority of Director

The Director is authorized to enter into contracts with private

organizations and interagency agreements with the National

Institute of Corrections, the National Institute of Justice, the

Bureau of Justice Statistics, and other appropriate public

agencies, to operate the clearinghouse required under this section.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 606, as added Pub. L. 98-473, title

II, Sec. 609, Oct. 12, 1984, 98 Stat. 2090; amended Pub. L.

103-322, title XXXIII, Sec. 330001(h)(6), Sept. 13, 1994, 108 Stat.

2139.)

-MISC1-

PRIOR PROVISIONS

A prior section 606 of Pub. L. 90-351 was renumbered section 506

and classified to section 3766 of this title. See note set out

preceding section 3750 of this title.

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-322 substituted "Justice

Statistics" for "Justice and Statistics".

-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 section 3769b of this title.

-End-

-CITE-

42 USC SUBCHAPTER VII - FBI TRAINING OF STATE AND LOCAL

CRIMINAL JUSTICE PERSONNEL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VII - FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE

PERSONNEL

-HEAD-

SUBCHAPTER VII - FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE

PERSONNEL

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 3771 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VII - FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE

PERSONNEL

-HEAD-

Sec. 3771. Training and manpower development

-STATUTE-

(a) Functions, powers, and duties of Director of Federal Bureau of

Investigation

The Director of the Federal Bureau of Investigation is authorized

to -

(1) establish and conduct training programs at the Federal

Bureau of Investigation National Academy at Quantico, Virginia,

to provide, at the request of a State, unit of local government,

or rail carrier, training for State and local criminal justice

personnel, including railroad police officers;

(2) develop new or improved approaches, techniques, systems,

equipment, and devices to improve and strengthen criminal

justice; and

(3) assist in conducting, at the request of a State, unit of

local government, or rail carrier, local and regional training

programs for the training of State and local criminal justice

personnel engaged in the investigation of crime and the

apprehension of criminals. Training for rural criminal justice

personnel shall include, when appropriate, effective use of

regional resources and methods to improve coordination among

criminal justice personnel in different areas and in different

levels of government. Such training shall be provided only for

persons actually employed as State police or highway patrol,

police of a unit of local government, sheriffs, and their

deputies, railroad police officer,(!1) and other persons as the

State, unit of local government, or rail carrier may nominate for

police training while such persons are actually employed as

officers of such State, unit of local government, or rail

carrier.

(b) General authority of Attorney General over Director

In the exercise of the functions, powers, and duties established

under this section the Director of the Federal Bureau of

Investigation shall be under the general authority of the Attorney

General.

(c) Training programs for State and local personnel at Federal

Training Center

Notwithstanding the provisions of subsection (a) of this section,

the Secretary of the Treasury is authorized to establish, develop,

and conduct training programs at the Federal Law Enforcement

Training Center at Glynco, Georgia, to provide, at the request of a

State or unit of local government, training for State and local

criminal justice personnel provided that such training does not

interfere with the Center's mission to train Federal law

enforcement personnel.

(d) Rail carrier costs

No Federal funds may be used for any travel, transportation, or

subsistence expenses incurred in connection with the participation

of a railroad police officer in a training program conducted under

subsection (a) of this section.

(e) Definitions

In this section -

(1) the terms "rail carrier" and "railroad" have the meanings

given such terms in section 20102 of title 49; and

(2) the term "railroad police officer" means a peace officer

who is commissioned in his or her State of legal residence or

State of primary employment and employed by a rail carrier to

enforce State laws for the protection of railroad property,

personnel, passengers, or cargo.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 701, as added Pub. L. 98-473, title

II, Sec. 609A(a), Oct. 12, 1984, 98 Stat. 2090; amended Pub. L.

106-110, Sec. 1, Nov. 24, 1999, 113 Stat. 1497.)

-MISC1-

PRIOR PROVISIONS

A prior section 3771, Pub. L. 90-351, title I, Sec. 701, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1198, contained

Congressional statement of purpose for training and manpower

development, prior to the general amendment of this subchapter by

Pub. L. 98-473.

For another prior section 3771, see note set out preceding

section 3750 of this title.

A prior section 701 of Pub. L. 90-351, title I, as added Pub. L.

94-430, Sec. 2, Sept. 29, 1976, 90 Stat. 1346, provided for

payments of Public safety officers' death benefits and was

classified to former section 3796 of this title, prior to the

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

Another prior section 701 of Pub. L. 90-351, title II, June 19,

1968, 82 Stat. 210, is classified to sections 3501 and 3502 of

Title 18, Crimes and Criminal Procedure.

Prior sections 3772 to 3775 were omitted in the general revision

of this subchapter by section 609A(a) of Pub. L. 98-473.

Section 3772, Pub. L. 90-351, title I, Sec. 702, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1198, provided for a

program to train prosecuting attorneys.

A prior section 702 of Pub. L. 90-351, title I, as added Pub. L.

94-430, Sec. 2, Sept. 29, 1976, 90 Stat. 1347, provided limits on

the payment of public safety officers' death benefits and was

classified to former section 3796a of this title, prior to the

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

Section 3773, Pub. L. 90-351, title I, Sec. 703, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1198, provided for a

program to train State and local criminal justice personnel.

A prior section 703 of Pub. L. 90-351, as added Pub. L. 94-430,

Sec. 2, Sept. 29, 1976, 90 Stat. 1347, defined the terms used in

the provisions for public safety officers' death benefits and was

classified to former section 3796b of this title, prior to the

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

Section 3774, Pub. L. 90-351, title I, Sec. 704, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1199, related to the

training of State and local criminal justice personnel by the

Federal Bureau of Investigation.

A prior section 704 of Pub. L. 96-351, title I, as added Pub. L.

94-430, Sec. 2, Sept. 29, 1976, 90 Stat. 1347, provided for the

administration of the program of public safety officers' death

benefits and was classified to former section 3796c of this title,

prior to the general amendment of this chapter by Pub. L. 96-157.

Section 3775, Pub. L. 90-351, title I, Sec. 705, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1199; amended Pub. L.

96-88, title III, Secs. 301(a)(1), 305, title V, Sec. 507, Oct. 17,

1979, 93 Stat. 677, 680, 692, authorized a criminal justice

education program.

For other prior sections 3772 to 3774, see note set out preceding

section 3750 of this title.

AMENDMENTS

1999 - Subsec. (a)(1). Pub. L. 106-110, Sec. 1(a)(1), substituted

"State, unit of local government, or rail carrier" for "State or

unit of local government" and inserted ", including railroad police

officers" before semicolon at end.

Subsec. (a)(3). Pub. L. 106-110, Sec. 1(a)(2), substituted

"State, unit of local government, or rail carrier" for "State or

unit of local government", "State or such unit", and "State or

unit" and inserted "railroad police officer," after "deputies,".

Subsecs. (d), (e). Pub. L. 106-110, Sec. 1(b), (c), added

subsecs. (d) and (e).

EFFECTIVE DATE

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

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

-TRANS-

TRANSFER OF FUNCTIONS

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

the Federal Law Enforcement Training Center of the Department of

the Treasury to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(4), 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.

-MISC2-

EMPLOYMENT OF ANNUITANTS BY FEDERAL LAW ENFORCEMENT TRAINING CENTER

Pub. L. 107-206, title I, Sec. 1202, Aug. 2, 2002, 116 Stat. 887,

provided that:

"(a) The Federal Law Enforcement Training Center may, for a

period ending not later than 5 years after the date of the

enactment of this Act [Aug. 2, 2002], appoint and maintain a cadre

of up to 250 Federal annuitants: (1) without regard to any

provision of title 5, United States Code, which might otherwise

require the application of competitive hiring procedures; and (2)

who shall not be subject to any reduction in pay (for annuity

allocable to the period of actual employment) under the provisions

of section 8344 or 8468 of such title 5 or similar provision of any

other retirement system for employees. A reemployed Federal

annuitant as to whom a waiver of reduction under paragraph (2)

applies shall not, for any period during which such waiver is in

effect, be considered an employee for purposes of subchapter III of

chapter 83 or chapter 84 of title 5, United States Code, or such

other retirement system (referred to in paragraph (2)) as may

apply.

"(b) No appointment under this section may be made which would

result in the displacement of any employee.

"(c) For purposes of this section -

"(1) the term 'Federal annuitant' means an employee who has

retired under the Civil Service Retirement System, the Federal

Employees' Retirement System, or any other retirement system for

employees;

"(2) the term 'employee' has the meaning given such term by

section 2105 of such title 5; and

"(3) the counting of Federal annuitants shall be done on a full

time equivalent basis."

ANNUAL OUTSTANDING STUDENT AWARD

Pub. L. 107-67, title I, Nov. 12, 2001, 115 Stat. 516, provided

in part: "That the [Federal Law Enforcement Training] Center is

authorized to accept and use gifts of property, both real and

personal, and to accept services, for authorized purposes,

including funding of a gift of intrinsic value which shall be

awarded annually by the Director of the Center to the outstanding

student who graduated from a basic training program at the Center

during the previous fiscal year, which shall be funded only by

gifts received through the Center's gift authority".

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-554, Sec. 1(a)(3) [title I], Dec. 21, 2000, 114 Stat.

2763, 2763A-127.

Pub. L. 106-58, title I, Sept. 29, 1999, 113 Stat. 432.

Pub. L. 105-277, div. A, Sec. 101(h) [title I], Oct. 21, 1998,

112 Stat. 2681-480, 2681-483.

Pub. L. 105-61, title I, Oct. 10, 1997, 111 Stat. 1275.

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

30, 1996, 110 Stat. 3009-314, 3009-317.

Pub. L. 104-52, title I, Nov. 19, 1995, 109 Stat. 470.

Pub. L. 103-329, title I, Sept. 30, 1994, 108 Stat. 2383.

Pub. L. 103-123, title I, Oct. 28, 1993, 107 Stat. 1227.

Pub. L. 102-393, title I, Oct. 6, 1992, 106 Stat. 1730.

Pub. L. 102-141, title I, Oct. 28, 1991, 105 Stat. 835.

Pub. L. 101-509, title I, Nov. 5, 1990, 104 Stat. 1390.

Pub. L. 101-136, title I, Nov. 3, 1989, 103 Stat. 784.

TRAVEL AND SUBSISTENCE EXPENSES OF STATE AND LOCAL LAW ENFORCEMENT

OFFICERS ATTENDING MEETINGS, COURSES, ETC., AT FBI NATIONAL ACADEMY

Pub. L. 99-500, Sec. 101(b) [title II], Oct. 18, 1986, 100 Stat.

1783-39, 1783-48, and Pub. L. 99-591, Sec. 101(b) [title II], Oct.

30, 1986, 100 Stat. 3341-39, 3341-48, provided that:

"Notwithstanding section 1345 of title 31, United States Code,

funds made available to the Drug Enforcement Administration in any

fiscal year may be used for travel, transportation, and subsistence

expenses of State, county, and local law enforcement officers

attending conferences, meetings, and training courses at the FBI

Academy, Quantico, Virginia."

FEES TO PROVIDE TRAINING FOR STATE AND LOCAL LAW ENFORCEMENT

OFFICERS AT FBI NATIONAL ACADEMY; PROHIBITION; REIMBURSEMENT

Pub. L. 99-500, Sec. 101(b) [title II, Sec. 210], Oct. 18, 1986,

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

II, Sec. 210], Oct. 30, 1986, 100 Stat. 3341-39, 3341-56, provided

that: "The Director of the Federal Bureau of Investigation and the

Administrator of the Drug Enforcement Administration shall not

establish and collect fees to provide training to State and local

law enforcement officers at the FBI National Academy. Any fees

collected for training of State and local law enforcement officers,

which occurred at the National Academy on or after October 1, 1986,

shall be reimbursed to the appropriate official or agency. In

addition, the Director of the National Institute of Corrections

shall not establish and collect fees to provide training to State

and local officers which was not provided on a reimbursable basis

prior to October 1, 1986."

-FOOTNOTE-

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

-End-

-CITE-

42 USC SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3722, 3732, 3796ee-7,

13757 of this title.

-End-

-CITE-

42 USC Sec. 3781 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3781. Repealed. Pub. L. 98-473, title II, Sec. 609B(a), Oct.

12, 1984, 98 Stat. 2091

-MISC1-

Section, Pub. L. 90-351, title I, Sec. 801, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1201, related to

establishment of Office of Justice Assistance, Research, and

Statistics.

A prior section 3781, Pub. L. 90-351, title I, Sec. 601, June 19,

1968, 82 Stat. 209; 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35

F.R. 7959, 84 Stat. 2085; Pub. L. 91-644, title I, Secs. 6(b), 9,

Jan. 2, 1971, 84 Stat. 1887, 1888; Pub. L. 93-83, Sec. 2, Aug. 6,

1973, 87 Stat. 216; Pub. L. 94-503, title I, Sec. 129, Oct. 15,

1976, 90 Stat. 2424, defined the terms used in this subchapter,

prior to the general amendment of this chapter by Pub. L. 96-157.

See section 3791 of this title.

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 Sec. 3782 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3782. Rules, regulations, and procedures; consultations and

establishment

-STATUTE-

(a) General authorization of certain Federal agencies

The Office of Justice Programs, the Bureau of Justice Assistance,

the Office of Juvenile Justice and Delinquency Prevention, the

Bureau of Justice Statistics, and the National Institute of Justice

are authorized, after appropriate consultation with representatives

of States and units of local government, to establish such rules,

regulations, and procedures as are necessary to the exercise of

their functions, and as are consistent with the stated purposes of

this chapter.

(b) Continuing evaluation of selected programs or projects; cost,

effectiveness, impact value, and comparative considerations;

annual performance report; assessment of activity effectiveness;

suspension of funds for nonsubmission of report

The Bureau of Justice Assistance shall, after consultation with

the National Institute of Justice, the Bureau of Justice

Statistics, the Office of Juvenile Justice and Delinquency

Prevention, State and local governments, and the appropriate public

and private agencies, establish such rules and regulations as are

necessary to assure the continuing evaluation of selected programs

or projects conducted pursuant to subchapters V, XII-A, XII-B,

XII-C, and XII-I of this chapter, in order to determine -

(1) whether such programs or projects have achieved the

performance goals stated in the original application, are of

proven effectiveness, have a record of proven success, or offer a

high probability of improving the criminal justice system;

(2) whether such programs or projects have contributed or are

likely to contribute to the improvement of the criminal justice

system and the reduction and prevention of crime;

(3) their cost in relation to their effectiveness in achieving

stated goals;

(4) their impact on communities and participants; and

(5) their implication for related programs.

In conducting evaluations described in this subsection, the Bureau

of Justice Assistance shall, when practical, compare the

effectiveness of programs conducted by similar applicants and

different applicants. The Bureau of Justice Assistance shall also

require applicants under part A of subchapter V of this chapter to

submit an annual performance report concerning activities carried

out pursuant to part A of subchapter V of this chapter together

with an assessment by the applicant of the effectiveness of those

activities in achieving the purposes of section 3751 of this title

and the relationships of those activities to the needs and

objectives specified by the applicant in the application submitted

pursuant to section 3753 of this title. The Bureau shall suspend

funding for an approved application under part A of subchapter V of

this chapter if an applicant fails to submit such an annual

performance report.

(c) Procedures for paperwork minimization and prevention of

duplication and delays in award and expenditure of funds

The procedures established to implement the provisions of this

chapter shall minimize paperwork and prevent needless duplication

and unnecessary delays in award and expenditure of funds at all

levels of government.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 801, formerly Sec. 802, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1201; renumbered

Sec. 801 and amended Pub. L. 98-473, title II, Sec. 609B(b), Oct.

12, 1984, 98 Stat. 2091; Pub. L. 99-570, title I, Sec. 1552(b)(2),

Oct. 27, 1986, 100 Stat. 3207-46; Pub. L. 101-647, title II, Sec.

241(b)(2), title VIII, Sec. 801(c)(1), Nov. 29, 1990, 104 Stat.

4813, 4826; Pub. L. 103-322, title IV, Sec. 40231(d)(1), title

XXXIII, Sec. 330001(h)(7), Sept. 13, 1994, 108 Stat. 1934, 2139.)

-MISC1-

PRIOR PROVISIONS

A prior section 801 of Pub. L. 90-351 was classified to section

3781 of this title prior to repeal by section 609B(a) of Pub. L.

98-473.

Another prior section 801 of Pub. L. 90-351, title III, June 19,

1968, 82 Stat. 211, is set out as a note under section 2510 of

Title 18, Crimes and Criminal Procedure.

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-322, in introductory provisions

substituted "subchapters" for "subchapters IV," and "XII-C, and

XII-I" for "and XII-C", and in concluding provisions substituted

"part A of subchapter V of this chapter" for "subchapter IV of this

chapter" wherever appearing, "3751" for "3743(a)", and "3753" for

"3743".

1990 - Subsec. (b). Pub. L. 101-647, Sec. 801(c)(1), substituted

"XII-B, and XII-C" for "and XII-B".

Pub. L. 101-647, Sec. 241(b)(2), substituted "XII-A, and XII-B"

for "and XII-A".

1986 - Subsec. (b). Pub. L. 99-570 inserted reference to

subchapter XII-A of this chapter in introductory provisions.

1984 - Subsec. (a). Pub. L. 98-473 in amending subsec. (a)

generally, substituted "Office of Justice Programs" for "Office of

Justice Assistance, Research, and Statistics" and "Bureau of

Justice Assistance" for "Law Enforcement Assistance Administration"

and also included authority for the Office of Juvenile Justice and

Delinquency Prevention to establish rules, regulations, and

procedures for exercise of its functions.

Subsec. (b). Pub. L. 98-473 in amending subsec. (b) generally,

substituted "Bureau of Justice Assistance" for "Law Enforcement

Assistance Administration" wherever appearing; provided for

consultations with the Office of Juvenile Justice and Delinquency

Prevention; and struck out provisions respecting: rules,

regulations, and procedures affecting national priority grant

programs or projects; evaluations in addition to the requirements

of former sections 3743 and 3744 of this title; and requirement for

comparison of effectiveness of formula grant programs or projects

of States or local units of government with similar national

priority and discretionary grant programs or projects.

Subsec. (c). Pub. L. 98-473 in amending section generally,

reenacted subsec. (c) without change.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5672, 13707 of this

title.

-End-

-CITE-

42 USC Sec. 3783 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3783. Notice and hearing on denial or termination of grant

-STATUTE-

(a) Payments to recipients; limitation, reduction, or termination

Whenever, after reasonable notice and opportunity for a hearing

on the record in accordance with section 554 of title 5, the Bureau

of Justice Assistance, the National Institute of Justice, and the

Bureau of Justice Statistics finds that a recipient of assistance

under this chapter has failed to comply substantially with -

(1) any provisions of this chapter;

(2) any regulations or guidelines promulgated under this

chapter; or

(3) any application submitted in accordance with the provisions

of this chapter, or the provisions of any other applicable

Federal Act;

the Director involved shall, until satisfied that there is no

longer any such failure to comply, terminate payments to the

recipient under this chapter, reduce payments to the recipient

under this chapter by an amount equal to the amount of such

payments which were not expended in accordance with this chapter,

or limit the availability of payments under this chapter to

programs, projects, or activities not affected by such failure to

comply.

(b) Notice of action; reasons for action; hearing or investigation;

finality of findings and determinations; reasons in detail for

action without hearing

If any grant application submitted under part A of subchapter V

of this chapter or under subchapter XII-A, XII-B, XII-C, or XII-H

of this chapter has been denied, or any grant under this chapter

has been terminated, then the Bureau of Justice Assistance, the

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

as appropriate, shall notify the applicant of its action and set

forth the reason for the action taken. Whenever such an applicant

requests a hearing, the Bureau of Justice Assistance, the National

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

authorized officer thereof, is authorized and directed to hold such

hearings or investigations, including hearings on the record in

accordance with section 554 of title 5, at such times and places as

necessary, following appropriate and adequate notice to such

applicant; and the findings of fact and determinations made with

respect thereto shall be final and conclusive, except as otherwise

provided herein. The Bureau of Justice Assistance, the National

Institute of Justice, or the Bureau of Justice Statistics is

authorized to take final action without a hearing if, after an

administrative review of the denial of such application or

termination of such grant, it is determined that the basis for the

appeal, if substantiated, would not establish a basis for awarding

or continuing of the grant involved. Under such circumstances, a

more detailed statement of reasons for the agency action should be

made available, upon request, to the applicant.

(c) Rehearing; regulations and procedures; presentation of

additional information

If the applicant involved is dissatisfied with the findings and

determinations of the Bureau of Justice Assistance, the National

Institute of Justice, or the Bureau of Justice Statistics following

notice and hearing provided for in subsection (a) of this section,

a request may be made for rehearing, under such regulations and

procedure as the Bureau of Justice Assistance, the National

Institute of Justice, or the Bureau of Justice Statistics may

establish, and such applicant shall be afforded an opportunity to

present such additional information as may be deemed appropriate

and pertinent to the matter involved.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 802, formerly Sec. 803, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1202; renumbered

Sec. 802 and amended Pub. L. 98-473, title II, Sec. 609B(b), Oct.

12, 1984, 98 Stat. 2092; Pub. L. 99-570, title I, Sec. 1552(b)(3),

Oct. 27, 1986, 100 Stat. 3207-46; Pub. L. 101-647, title II, Sec.

241(b)(3), title VIII, Sec. 801(c)(2), Nov. 29, 1990, 104 Stat.

4813, 4826; Pub. L. 103-322, title IV, Sec. 40231(d)(2), title

XXXIII, Sec. 330001(c), (h)(8), Sept. 13, 1994, 108 Stat. 1934,

2138, 2139; Pub. L. 107-273, div. C, title I, Sec. 11012, Nov. 2,

2002, 116 Stat. 1823.)

-MISC1-

PRIOR PROVISIONS

A prior section 802 of Pub. L. 90-351 was renumbered section 801

and is classified to section 3782 of this title.

Another prior section 802 of Pub. L. 90-351, title III, June 19,

1968, 82 Stat. 212-223, enacted sections 2510 to 2520 of Title 18,

Crimes and Criminal Procedure.

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-273, which directed amendment of

subsec. (b) by substituting "T," for "U," in the original, was

executed by substituting "XII-H" for "XII-I" in text to reflect the

probable intent of Congress, notwithstanding that "U" was not

followed by a comma in the original.

1994 - Subsec. (b). Pub. L. 103-322 substituted "part A of

subchapter V of this chapter or under subchapter XII-A, XII-B,

XII-C, or XII-I" for "subchapter IV, XII-A,, XII-B, or XII-C".

1990 - Subsec. (b). Pub. L. 101-647, Sec. 801(c)(2), substituted

", XII-B, or XII-C" for "or XII-B".

Pub. L. 101-647, Sec. 241(b)(3), substituted ", XII-A, or XII-B"

for "or XII-A".

1986 - Subsec. (b). Pub. L. 99-570 inserted reference to

subchapter XII-A of this chapter.

1984 - Subsec. (a). Pub. L. 98-473 in amending subsec. (a)

generally, included provision for finding of noncompliance by the

Bureau of Justice Assistance and excluded similar provision for Law

Enforcement Assistance Administration, substituted "the Director

involved shall, until satisfied that there is no longer any such

failure to comply," for "they, until satisfied that there is no

longer any such failure to comply, shall - ", and struck out

designations "(A)" before "terminate payment", "(B)" before "reduce

payments", and "(C)" before "limit the availability of payments".

Subsec. (b). Pub. L. 98-473 in amending subsec. (b) generally,

substituted "If any grant application submitted under subchapter IV

of this chapter has been denied, or any grant under this chapter

has been terminated" for "If a State grant application filed under

subchapter IV of this chapter or any grant application filed under

any other subchapter of this chapter has been rejected or a State

applicant under subchapter IV of this chapter or applicant under

any other subchapter of this chapter has been denied a grant or has

had a grant, or any portion of a grant, discontinued, terminated or

has been given a grant in a lesser amount that such applicant

believes appropriate under the provisions of this chapter" struck

out "or grantee" after "notify the applicant" and before "requests

a hearing"; substituted requirement for notice by the Bureau of

Justice Assistance rather than the Law Enforcement Assistance

Administration; and inserted provisions for taking final action

without hearing but requiring a more detailed statement of reasons

for agency action to be made available to the applicant.

Subsec. (c). Pub. L. 98-473 in amending subsec. (c) generally,

substituted provisions for findings and rehearings by the Bureau of

Justice Assistance for similar provisions for Law Enforcement

Assistance Administration; and substituted description of the party

as "applicant" for prior designation as "recipient".

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)

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 3785, 5633, 13707 of this

title.

-End-

-CITE-

42 USC Sec. 3784 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3784. Finality of determinations

-STATUTE-

In carrying out the functions vested by this chapter in the

Bureau of Justice Assistance, the Bureau of Justice Statistics, or

the National Institute of Justice, their determinations, findings,

and conclusions shall, after reasonable notice and opportunity for

a hearing, be final and conclusive upon all applications, except as

otherwise provided herein.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 803, formerly Sec. 804, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1203; renumbered

Sec. 803 and amended Pub. L. 98-473, title II, Sec. 609B(c), (f),

Oct. 12, 1984, 98 Stat. 2093.)

-MISC1-

PRIOR PROVISIONS

A prior section 803 of Pub. L. 90-351 was renumbered section 802

and is classified to section 3783 of this title.

Another prior section 803 of Pub. L. 90-351, title III, June 19,

1968, 82 Stat. 223, amended section 605 of Title 47, Telegraphs,

Telephones, and Radiotelegraphs.

AMENDMENTS

1984 - Pub. L. 98-473, Sec. 609B(c), substituted "Bureau of

Justice Assistance" for "Law Enforcement Assistance

Administration".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 609B(c) of 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3785, 5633 of this title.

-End-

-CITE-

42 USC Sec. 3785 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3785. Appellate court review

-STATUTE-

(a) Jurisdiction of court of appeals; petition for review; time for

filing, copies; record; objections before appropriate agency

If any applicant or recipient is dissatisfied with a final action

with respect to section 3783, 3784, or 3789d(c)(2)(G) of this

title, such applicant or recipient may, within sixty days after

notice of such action, file with the United States court of appeals

for the circuit in which such applicant or recipient is located, or

in the United States Court of Appeals for the District of Columbia,

a petition for review of the action. A copy of the petition shall

forthwith be transmitted by the petitioner to the Office of Justice

Programs, Bureau of Justice Assistance, the Bureau of Justice

Statistics, the Office of Juvenile Justice and Delinquency

Prevention, or the National Institute of Justice, as appropriate,

and the Attorney General of the United States, who shall represent

the Federal Government in the litigation. The Office of Justice

Programs, Bureau of Justice Assistance, the Bureau of Justice

Statistics, the Office of Juvenile Justice and Delinquency

Prevention, or the National Institute of Justice, as appropriate,

shall thereupon file in the court the record of the proceeding on

which the action was based, as provided in section 2112 of title

28. No objection to the action shall be considered by the court

unless such objection has been urged before the Office of Justice

Programs, Bureau of Justice Assistance, the Bureau of Justice

Statistics, the Office of Juvenile Justice and Delinquency

Prevention, or the National Institute of Justice, as appropriate.

(b) Determination by court of appeals: conclusiveness of findings;

remand; conclusiveness of new or modified findings

The court shall have jurisdiction to affirm or modify a final

action or to set it aside in whole or in part. The findings of fact

by the Office of Justice Programs, Bureau of Justice Assistance,

the Bureau of Justice Statistics, the Office of Juvenile Justice

and Delinquency Prevention, or the National Institute of Justice,

if supported by substantial evidence on the record considered as a

whole, shall be conclusive, but the court, for good cause shown,

may remand the case to the Office of Justice Programs, Bureau of

Justice Assistance, the National Institute of Justice, the Office

of Juvenile Justice and Delinquency Prevention, or the Bureau of

Justice Statistics, to take additional evidence to be made part of

the record. The Office of Justice Programs, Bureau of Justice

Assistance, the Bureau of Justice Statistics, the Office of

Juvenile Justice and Delinquency Prevention, or the National

Institute of Justice, may thereupon make new or modified findings

of fact by reason of the new evidence so taken and filed with the

court and shall file such modified or new findings along with any

recommendations such entity may have for the modification or

setting aside of such entity's original action. All new or modified

findings shall be conclusive with respect to questions of fact if

supported by substantial evidence when the record as a whole is

considered.

(c) Determination by court of appeals; Supreme Court review

Upon the filing of such petition, the court shall have

jurisdiction to affirm the action of the Office of Justice

Programs, Bureau of Justice Assistance, the Bureau of Justice

Statistics, the Office of Juvenile Justice and Delinquency

Prevention, or the National Institute of Justice, or to set it

aside, in whole or in part. The judgment of the court shall be

subject to review by the Supreme Court of the United States upon

writ of certiorari or certifications as provided in section 1254 of

title 28.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 804, formerly Sec. 805, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1203; renumbered

Sec. 804 and amended Pub. L. 98-473, title II, Sec. 609B(d), (f),

Oct. 12, 1984, 98 Stat. 2093; Pub. L. 103-322, title XXXIII, Sec.

330001(h)(9), Sept. 13, 1994, 108 Stat. 2139.)

-MISC1-

PRIOR PROVISIONS

A prior section 804 of Pub. L. 90-351 was renumbered section 803

and is classified to section 3784 of this title.

Another prior section 804 of Pub. L. 90-351, title III, June 19,

1968, 82 Stat. 223, was set out as a note under section 2510 of

Title 18, Crimes and Criminal Procedure.

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-322 substituted "Prevention, or"

for "Prevention or" before "the Bureau".

1984 - Pub. L. 98-473, Sec. 609B(d)(1), (2), substituted "Office

of Justice Programs, Bureau of Justice Assistance" for "Office of

Justice Assistance, Research, and Statistics, the Law Enforcement

Assistance Administration" and inserted "the Office of Juvenile

Justice and Delinquency Prevention," before "or the National

Institute of Justice" wherever appearing.

Subsec. (a). Pub. L. 98-473, Sec. 609B(d)(3), made a conforming

amendment to references to sections 3783, 3784, or 3789d(c)(2)(G)

of this title to reflect renumbering of corresponding sections of

the original act.

Subsec. (b). Pub. L. 98-473, Sec. 609B(d)(4), inserted "the

Office of Juvenile Justice and Delinquency Prevention" before "or

the Bureau of Justice Statistics".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 609B(d) of 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3789d, 5633 of this

title.

-End-

-CITE-

42 USC Sec. 3786 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3786. Delegation of functions

-STATUTE-

The Attorney General, the Assistant Attorney General, the

Director of the National Institute of Justice, the Director of the

Bureau of Justice Statistics, the Administrator of the Office of

Juvenile Justice and Delinquency Prevention, and the Director of

the Bureau of Justice Assistance may delegate to any of their

respective officers or employees such functions under this chapter

as they deem appropriate.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 805, as added Pub. L. 98-473, title

II, Sec. 609B(g), Oct. 12, 1984, 98 Stat. 2093.)

-MISC1-

PRIOR PROVISIONS

A prior section 3786, Pub. L. 90-351, title I, Sec. 806, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1204, contained

provisions similar to this section, prior to repeal by section

609B(e) of Pub. L. 98-473.

A prior section 805 of Pub. L. 90-351 was renumbered section 804

and is classified to section 3785 of this title.

EFFECTIVE DATE

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

98-473, set out as a 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)

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. 3787 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3787. Subpoena power; employment of hearing officers;

authority to hold hearings

-STATUTE-

The Bureau of Justice Assistance, the National Institute of

Justice, and the Bureau of Justice Statistics may appoint such

hearing examiners or administrative law judges or request the use

of such administrative law judges selected by the Office of

Personnel Management pursuant to section 3344 of title 5, as shall

be necessary to carry out their respective powers and duties under

this chapter. The Bureau of Justice Assistance, the National

Institute of Justice, and the Bureau of Justice Statistics or upon

authorization, any member thereof or any hearing examiner or

administrative law judge assigned to or employed thereby shall have

the power to hold hearings and issue subpoenas, administer oaths,

examine witnesses, and receive evidence at any place in the United

States they respectively may designate.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 806, as added Pub. L. 98-473, title

II, Sec. 609B(g), Oct. 12, 1984, 98 Stat. 2094.)

-MISC1-

PRIOR PROVISIONS

A prior section 3787, Pub. L. 90-351, title I, Sec. 807, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1204, contained

provisions similar to this section, prior to repeal by section

609B(e) of Pub. L. 98-473.

A prior section 806 of Pub. L. 90-351 was classified to section

3786 of this title prior to repeal by section 609B(e) of Pub. L.

98-473.

Provisions similar to this section were contained in part in

section 3788 of this title prior to repeal of such section by

section 609B(e) of Pub. L. 98-473.

EFFECTIVE DATE

Section effective Oct. 12, 1984, see section 609AA(a) 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 section 5672 of this title.

-End-

-CITE-

42 USC Sec. 3788 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3788. Personnel and administrative authority

-STATUTE-

(a) Officers and employees of certain Federal agencies; employment;

compensation

The Assistant Attorney General, the Director of the Bureau of

Justice Assistance, the Director of the Institute, and the Director

of the Bureau of Justice Statistics are authorized to select,

appoint, employ, and fix compensation of such officers and

employees as shall be necessary to carry out the powers and duties

of the Office, the Bureau of Justice Assistance, the National

Institute of Justice, and the Bureau of Justice Statistics,

respectively, under this chapter.

(b) Use of available services; reimbursement

The Office, the Bureau of Justice Assistance, the National

Institute of Justice, and the Bureau of Justice Statistics are

authorized, on a reimbursable basis when appropriate, to use the

available services, equipment, personnel, and facilities of

Federal, State, and local agencies to the extent deemed appropriate

after giving due consideration to the effectiveness of such

existing services, equipment, personnel, and facilities.

(c) Other Federal agency performance of functions under this

chapter; reimbursement

The Office, the Bureau of Justice Assistance, the National

Institute of Justice, and the Bureau of Justice Statistics may

arrange with and reimburse the heads of other Federal departments

and agencies for the performance of any of the functions under this

chapter.

(d) Experts and consultants; compensation

The Office, the Bureau of Justice Assistance, the National

Institute of Justice, and the Bureau of Justice Statistics may

procure the services of experts and consultants in accordance with

section 3109 of title 5, relating to appointments in the Federal

service, at rates of compensation for individuals not to exceed the

daily equivalent of the rate of pay payable from time to time for

GS-18 of the General Schedule under section 5332 of title 5.

(e) Advisory committees; compensation and travel expenses of

committee members

The Office, the Bureau of Justice Assistance, the National

Institute of Justice, and the Bureau of Justice Statistics are

authorized to appoint, without regard to the provisions of title 5,

advisory committees to advise them with respect to the

administration of this chapter as they deem necessary. Such

committees shall be subject to the Federal Advisory Committee Act

(5 U.S.C. App.). Members of such committees not otherwise in the

employ of the United States, while engaged in advising or attending

meetings of such committees, shall be compensated at rates to be

fixed by the Office but not to exceed the daily equivalent of the

rate of pay payable from time to time for GS-18 of the General

Schedule under section 5332 of title 5, and while away from home or

regular place of business they may be allowed travel expenses,

including per diem in lieu of subsistence, in the same manner as

authorized by section 5703 of such title 5 for persons in the

Government service employed intermittently.

(f) Payments; installments; advances or reimbursement;

transportation and subsistence expenses for attendance at

conferences or other assemblages

Payments under this chapter may be made in installments, and in

advance or by way of reimbursement, as may be determined by the

Office, the Bureau of Justice Assistance, the National Institute of

Justice, or the Bureau of Justice Statistics, and may be used to

pay the transportation and subsistence expenses of persons

attending conferences or other assemblages notwithstanding section

1345 of title 31.

(g) Voluntary services; status as Federal employees; exceptions

The Office, the Bureau of Justice Assistance, the National

Institute of Justice, and the Bureau of Justice Statistics are

authorized to accept and employ, in carrying out the provisions of

this chapter, voluntary and uncompensated services notwithstanding

section 1342 of title 31. Such individuals shall not be considered

Federal employees except for purposes of chapter 81 of title 5 with

respect to job-incurred disability and title 28 with respect to

tort claims.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 807, as added Pub. L. 98-473, title

II, Sec. 609B(g), Oct. 12, 1984, 98 Stat. 2094.)

-REFTEXT-

REFERENCES IN TEXT

Provisions of title 5 relating to appointments, referred to in

subsec. (c), are classified to section 3301 et seq. of Title 5,

Government Organization and Employees.

The Federal Advisory Committee Act, referred to in subsec. (e),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5.

The tort claim provisions of title 28, referred to in subsec.

(g), are the provisions of the Federal Tort Claims Act, which is

classified generally to section 1346(b) and to chapter 171 (Sec.

2671 et seq.) of Title 28, Judiciary and Judicial Procedure.

-MISC1-

PRIOR PROVISIONS

A prior section 3788, Pub. L. 90-351, title I, Sec. 810, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1204, contained in

part provisions similar to subsec. (a) of this section, prior to

repeal by section 609B(e) of Pub. L. 98-473.

A prior section 807 of Pub. L. 90-351 was classified to section

3787 of this title prior to repeal by section 609B(e) of Pub. L.

98-473.

Provisions similar to subsecs. (b), (c), (d) to (f), and (g) of

this section were contained in sections 3789, 3789b(a), 3789c(a) to

(c), and 3789h of this title, respectively, prior to repeal by

section 609B(e) of Pub. L. 98-473.

EFFECTIVE DATE

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

98-473, set out as a 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)

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.

-MISC2-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

42 USC Sec. 3789 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3789. Title to personal property

-STATUTE-

Notwithstanding any other provision of law, title to all

expendable and nonexpendable personal property purchased with funds

made available under this chapter, including such property

purchased with funds made available under this chapter as in effect

before October 12, 1984, shall vest in the criminal justice agency

or nonprofit organization that purchased the property if it

certifies to the State office described in section 3757 or 3796aa-7

(!1) of this title, as the case may be, that it will use the

property for criminal justice purposes. If such certification is

not made, title to the property shall vest in the State office,

which shall seek to have the property used for criminal justice

purposes elsewhere in the State prior to using it or disposing of

it in any other manner.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 808, as added Pub. L. 98-473, title

II, Sec. 609B(g), Oct. 12, 1984, 98 Stat. 2095; amended Pub. L.

99-570, title I, Sec. 1552(b)(4), Oct. 27, 1986, 100 Stat. 3207-46;

Pub. L. 101-647, title II, Sec. 241(b)(4), Nov. 29, 1990, 104 Stat.

4813; Pub. L. 103-322, title XXXIII, Sec. 330001(h)(10), Sept. 13,

1994, 108 Stat. 2139.)

-REFTEXT-

REFERENCES IN TEXT

Section 3796aa-7 of this title, referred to in text, was repealed

by Pub. L. 103-322, title IV, Sec. 40156(c)(8), Sept. 13, 1994, 108

Stat. 1924.

-MISC1-

PRIOR PROVISIONS

A prior section 3789, Pub. L. 90-351, title I, Sec. 811, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1205, authorized

use of available services, prior to repeal by section 609B(e) of

Pub. L. 98-473. See section 3788(b) of this title.

A prior section 808 of Pub. L. 90-351, title I, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1204, amended section 5314

of Title 5, Government Organization and Employees, prior to repeal

by section 609B(e) of Pub. L. 98-473.

AMENDMENTS

1994 - Pub. L. 103-322 substituted "3757" for "3748, 3796o,".

1990 - Pub. L. 101-647 substituted ", 3796o, or 3796aa-7 of this

title" for "or 3796o of this title".

1986 - Pub. L. 99-570 inserted reference to section 3796o of this

title and ", as the case may be,".

EFFECTIVE DATE

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

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

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Secs. 3789a to 3789c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Secs. 3789a to 3789c. Repealed. Pub. L. 98-473, title II, Sec.

609B(e), Oct. 12, 1984, 98 Stat. 2093

-MISC1-

Section 3789a, Pub. L. 90-351, title I, Sec. 812, as added Pub.

L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1205, authorized

consultations with other Federal, State, and local officials.

Section 3789b, Pub. L. 90-351, title I, Sec. 813, as added Pub.

L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1205, provided for

reimbursement authority and authorized use of grants, contracts, or

cooperative agreements under chapter 63 of title 31. See section

3788(c) of this title.

Section 3789c, Pub. L. 90-351, title I, Sec. 814, as added Pub.

L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1205, provided for

employment of services of experts and consultants and appointment

of advisory committees. See section 3788(d) to (f) of this title.

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 Sec. 3789d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3789d. Prohibition of Federal control over State and local

criminal justice agencies; prohibition of discrimination

-STATUTE-

(a) General rule

Nothing in this chapter or any other Act shall be construed to

authorize any department, agency, officer, or employee of the

United States to exercise any direction, supervision, or control

over any police force or any other criminal justice agency of any

State or any political subdivision thereof.

(b) Racial imbalance requirement restriction

Notwithstanding any other provision of law, nothing contained in

this chapter shall be construed to authorize the National Institute

of Justice, the Bureau of Justice Statistics, or the Law

Enforcement Assistance Administration -

(1) to require, or condition the availability or amount of a

grant upon the adoption by an applicant or grantee under this

chapter of a percentage ratio, quota system, or other program to

achieve racial balance in any criminal justice agency; or

(2) to deny or discontinue a grant because of the refusal of an

applicant or grantee under this chapter to adopt such a ratio,

system, or other program.

(c) Discrimination prohibited; notice of non-compliance; suspension

and restoration of payments; hearing; civil action by Attorney

General; private action, attorney fees, intervention by Attorney

General

(1) No person in any State shall on the ground of race, color,

religion, national origin, or sex be excluded from participation

in, be denied the benefits of, or be subjected to discrimination

under or denied employment in connection with any programs or

activity funded in whole or in part with funds made available under

this chapter.

(2)(A) Whenever there has been -

(i) receipt of notice of a finding, after notice and

opportunity for a hearing, by a Federal court (other than in an

action brought by the Attorney General) or State court, or by a

Federal or State administrative agency, to the effect that there

has been a pattern or practice of discrimination in violation of

paragraph (1); or

(ii) a determination after an investigation by the Office of

Justice Programs (prior to a hearing under subparagraph (F) but

including an opportunity for the State government or unit of

local government to make a documentary submission regarding the

allegation of discrimination with respect to such program or

activity, with funds made available under this chapter) that a

State government or unit of local government is not in compliance

with paragraph (1);

the Office of Justice Programs shall, within ten days after such

occurrence, notify the chief executive of the affected State, or

the State in which the affected unit of local government is

located, and the chief executive of such unit of local government,

that such program or activity has been so found or determined not

to be in compliance with paragraph (1), and shall request each

chief executive, notified under this subparagraph with respect to

such violation, to secure compliance. For purposes of clause (i) a

finding by a Federal or State administrative agency shall be deemed

rendered after notice and opportunity for a hearing if it is

rendered pursuant to procedures consistent with the provisions of

subchapter II of chapter 5 of title 5.

(B) In the event the chief executive secures compliance after

notice pursuant to subparagraph (A), the terms and conditions with

which the affected State government or unit of local government

agrees to comply shall be set forth in writing and signed by the

chief executive of the State, by the chief executive of such unit

(in the event of a violation by a unit of local government), and by

the Office of Justice Programs. On or prior to the effective date

of the agreement, the Office of Justice Programs shall send a copy

of the agreement to each complainant, if any, with respect to such

violation. The chief executive of the State, or the chief executive

of the unit (in the event of a violation by a unit of local

government) shall file semiannual reports with the Office of

Justice Programs detailing the steps taken to comply with the

agreement. These reports shall cease to be filed upon the

determination of the Office of Justice Programs that compliance has

been secured, or upon the determination by a Federal or State court

that such State government or local governmental unit is in

compliance with this section. Within fifteen days of receipt of

such reports, the Office of Justice Programs shall send a copy

thereof to each such complainant.

(C) If, at the conclusion of ninety days after notification under

subparagraph (A) -

(i) compliance has not been secured by the chief executive of

that State or the chief executive of that unit of local

government; and

(ii) an administrative law judge has not made a determination

under subparagraph (F) that it is likely the State government or

unit of local government will prevail on the merits; the Office

of Justice Programs shall notify the Attorney General that

compliance has not been secured and caused to have suspended

further payment of any funds under this chapter to that program

or activity. Such suspension shall be limited to the specific

program or activity cited by the Office of Justice Programs in

the notice under subparagraph (A). Such suspension shall be

effective for a period of not more than one hundred and twenty

days, or, if there is a hearing under subparagraph (G), not more

than thirty days after the conclusion of such hearing, unless

there has been an express finding by the Office of Justice

Programs, after notice and opportunity for such a hearing, that

the recipient is not in compliance with paragraph (1).

(D) Payment of the suspended funds shall resume only if -

(i) such State government or unit of local government enters

into a compliance agreement approved by the Office of Justice

Programs and the Attorney General in accordance with subparagraph

(B);

(ii) such State government or unit of local government complies

fully with the final order or judgment of a Federal or State

court, or by a Federal or State administrative agency if that

order or judgment covers all the matters raised by the Office of

Justice Programs in the notice pursuant to subparagraph (A), or

is found to be in compliance with paragraph (1) by such court; or

(iii) after a hearing the Office of Justice Programs pursuant

to subparagraph (F) finds that noncompliance has not been

demonstrated.

(E) Whenever the Attorney General files a civil action alleging a

pattern or practice of discriminatory conduct on the basis of race,

color, religion, national origin, or sex in any program or activity

of a State government or unit of local government which State

government or unit of local government receives funds made

available under this chapter, and the conduct allegedly violates

the provisions of this section and neither party within forty-five

days after such filing has been granted such preliminary relief

with regard to the suspension or payment of funds as may be

otherwise available by law, the Office of Justice Programs shall

cause to have suspended further payment of any funds under this

chapter to that specific program or activity alleged by the

Attorney General to be in violation of the provisions of this

subsection until such time as the court orders resumption of

payment.

(F) Prior to the suspension of funds under subparagraph (C), but

within the ninety-day period after notification under subparagraph

(C), the State government or unit of local government may request

an expedited preliminary hearing on the record in accordance with

section 554 of title 5, in order to determine whether it is likely

that the State government or unit of local government would, at a

full hearing under subparagraph (G), prevail on the merits on the

issue of the alleged noncompliance. A finding under this

subparagraph by the administrative law judge in favor of the State

government or unit of local government shall defer the suspension

of funds under subparagraph (C) pending a finding of noncompliance

at the conclusion of the hearing on the merits under subparagraph

(G).

(G)(i) At any time after notification under subparagraph (A), but

before the conclusion of the one-hundred-and-twenty-day period

referred to in subparagraph (C), a State government or unit of

local government may request a hearing on the record in accordance

with section 554 of title 5, which the Office of Justice Programs

shall initiate within sixty days of such request.

(ii) Within thirty days after the conclusion of the hearing, or,

in the absence of a hearing, at the conclusion of the

one-hundred-and-twenty-day period referred to in subparagraph (C),

the Office of Justice Programs shall make a finding of compliance

or noncompliance. If the Office of Justice Programs makes a finding

of noncompliance, the Office of Justice Programs shall notify the

Attorney General in order that the Attorney General may institute a

civil action under paragraph (3), cause to have terminated the

payment of funds under this chapter, and, if appropriate, seek

repayment of such funds.

(iii) If the Office of Justice Programs makes a finding of

compliance, payment of the suspended funds shall resume as provided

in subparagraph (D).

(H) Any State government or unit of local government aggrieved by

a final determination of the Office of Justice Programs under

subparagraph (G) may appeal such determination as provided in

section 3785 of this title.

(3) Whenever the Attorney General has reason to believe that a

State government or unit of local government has engaged in or is

engaging in a pattern or practice in violation of the provisions of

this section, the Attorney General may bring a civil action in an

appropriate United States district court. Such court may grant as

relief any temporary restraining order, preliminary or permanent

injunction, or other order, as necessary or appropriate to insure

the full enjoyment of the rights described in this section,

including the suspension, termination, or repayment of such funds

made available under this chapter as the court may deem

appropriate, or placing any further such funds in escrow pending

the outcome of the litigation.

(4)(A) Whenever a State government or unit of local government,

or any officer or employee thereof acting in an official capacity,

has engaged or is engaging in any act or practice prohibited by

this subsection, a civil action may be instituted after exhaustion

of administrative remedies by the person aggrieved in an

appropriate United States district court or in a State court of

general jurisdiction. Administrative remedies shall be deemed to be

exhausted upon the expiration of sixty days after the date the

administrative complaint was filed with the Office of Justice

Programs or any other administrative enforcement agency, unless

within such period there has been a determination by the Office of

Justice Programs or the agency on the merits of the complaint, in

which case such remedies shall be deemed exhausted at the time the

determination becomes final.

(B) In any civil action brought by a private person to enforce

compliance with any provision of this subsection, the court may

grant to a prevailing plaintiff reasonable attorney fees, unless

the court determines that the lawsuit is frivolous, vexatious,

brought for harassment purposes, or brought principally for the

purpose of gaining attorney fees.

(C) In any action instituted under this section to enforce

compliance with paragraph (1), the Attorney General, or a specially

designated assistant for or in the name of the United States, may

intervene upon timely application if he certifies that the action

is of general public importance. In such action the United States

shall be entitled to the same relief as if it had instituted the

action.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 809, formerly Sec. 815, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1206; renumbered

Sec. 809 and amended Pub. L. 98-473, title II, Sec. 609B(f), (h)),

Oct. 12, 1984, 98 Stat. 2093, 2095; Pub. L. 103-322, title XXXIII,

Sec. 330001(h)(11), Sept. 13, 1994, 108 Stat. 2139.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in former

section 3766 of this title prior to the general amendment of this

chapter by Pub. L. 96-157.

A prior section 809 of Pub. L. 90-351, title I, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1204, amended section 5315

of Title 5, Government Organization and Employees, prior to repeal

by section 609B(e) of Pub. L. 98-473.

AMENDMENTS

1994 - Subsec. (c)(2)(H). Pub. L. 103-322 made technical

amendment to reference to section 3785 of this title to correct

reference to corresponding section of original act.

1984 - Subsec. (a). Pub. L. 98-473, Sec. 609B(h)(2), struck out

"contained" after "Nothing".

Subsec. (c). Pub. L. 98-473, Sec. 609B(h)(3), substituted "Office

of Justice Programs" for "Office of Justice Assistance, Research,

and Statistics" wherever appearing.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 609B(h) of 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3785, 5672, 10504 of this

title.

-End-

-CITE-

42 USC Sec. 3789e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3789e. Report to President and Congress

-STATUTE-

Not later than April 1 of each year, the Assistant Attorney

General, the Director of the Bureau of Justice Assistance, the

Director of the Bureau of Justice Statistics, and the Director of

the National Institute of Justice shall each submit a report to the

President and to the Speaker of the House of Representatives and

the President of the Senate, on their activities under this chapter

during the fiscal year next preceding such date.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 810, formerly Sec. 816, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1209; renumbered

Sec. 810 and amended Pub. L. 98-473, title II, Sec. 609B(f), (i),

Oct. 12, 1984, 98 Stat. 2093, 2095.)

-MISC1-

PRIOR PROVISIONS

A prior section 810 of Pub. L. 90-351 was classified to section

3788 of this title prior to repeal by section 609B(e) of Pub. L.

98-473.

AMENDMENTS

1984 - Pub. L. 98-473, Sec. 609B(i), substituted requirement of

individual reports by certain officials of listed agencies to the

President and the Speaker of the House and President of the Senate

for former subsec. (a) through (e) provisions which included

requirement of an annual report on or before March 31 of each year

to the President and Committees on the Judiciary of the Senate and

the House, including description of scope of coverage; report

covering receipt and compilation of evaluations, statistics, and

performance reports, comprehensive statistics, analyses, and

findings respecting attainment of described objectives; plan for

collection, analysis, and evaluation of data for measurement of

progress in prescribed and additional areas, definition of

"comprehensive statistics" and "reasonably expected contribution";

attainment of reasonably expected contribution in prescribed and

added areas; and data collection, including minimum duplication.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 609B(i) of 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)

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. 3789f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3789f. Other administrative provisions

-STATUTE-

(a) Recordkeeping requirement; scope of disclosure; other sources

of funds

Each recipient of funds under this chapter shall keep such

records as the Office of Justice Programs shall prescribe,

including records which fully disclose the amount and disposition

by such recipient of the funds, the total cost of the project or

undertaking for which such funds are used, and the amount of that

portion of the cost of the project or undertaking supplied by other

sources, and such other records as will facilitate an effective

audit.

(b) Access to records for audit and examination

The Office of Justice Programs or any of its duly authorized

representatives, shall have access for purpose of audit and

examination of any books, documents, papers, and records of the

recipients of funds under this chapter which in the opinion of the

Office of Justice Programs may be related or pertinent to the

grants, contracts, subcontracts, subgrants, or other arrangements

referred to under this chapter.

(c) Audit and examination period after completion of program or

project

The Comptroller General of the United States or any of his duly

authorized representatives, shall, until the expiration of three

years after the completion of the program or project with which the

assistance is used, have access for the purpose of audit and

examination to any books, documents, papers, and records of

recipients of Federal funds under this chapter which in the opinion

of the Comptroller General may be related or pertinent to the

grants, contracts, subcontracts, subgrants, or other arrangements

referred to under this chapter.

(d) Recipients of assistance subject to provisions of section

The provisions of this section shall apply to all recipients of

assistance under this chapter, whether by direct grant, cooperative

agreement, or contract under this chapter or by subgrant or

subcontract from primary grantees or contractors under this

chapter.

(e) Revolving fund for acquisition of stolen goods and property

within Bureau of Justice Assistance

There is hereby established within the Bureau of Justice

Assistance a revolving fund for the purpose of supporting projects

that will acquire stolen goods and property in an effort to disrupt

illicit commerce in such goods and property. Notwithstanding any

other provision of law, any income or royalties generated from such

projects together with income generated from any sale or use of

such goods or property, where such goods or property are not

claimed by their lawful owner, shall be paid into the revolving

fund. Where a party establishes a legal right to such goods or

property, the Administrator of the fund may in his discretion

assert a claim against the property or goods in the amount of

Federal funds used to purchase such goods or property. Proceeds

from such claims shall be paid into the revolving fund. The

Administrator is authorized to make disbursements by appropriate

means, including grants, from the fund for the purpose of this

section.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 811, formerly Sec. 817, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1212; renumbered

Sec. 811 and amended Pub. L. 98-473, title II, Sec. 609B(f), (j),

Oct. 12, 1984, 98 Stat. 2093, 2096; Pub. L. 103-322, title XXXIII,

Sec. 330001(h)(12), Sept. 13, 1994, 108 Stat. 2139.)

-MISC1-

PRIOR PROVISIONS

A prior section 811 of Pub. L. 90-351 was classified to section

3789 of this title prior to repeal by section 609B(e) of Pub. L.

98-473.

AMENDMENTS

1994 - Subsec. (e). Pub. L. 103-322 substituted "Bureau of

Justice Assistance" for "Law Enforcement Assistance

Administration".

1984 - Subsecs. (a), (b). Pub. L. 98-473, Sec. 609B(j)(1),

substituted "Office of Justice Programs" for "Office of Justice

Assistance, Research, and Statistics" wherever appearing.

Subsecs. (d) to (f). Pub. L. 98-473, Sec. 609B(j)(2), (3),

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

struck out former subsec. (d) relating to civil rights regulations

and conforming changes of the regulations.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 609B(j) of 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5672 of this title.

-End-

-CITE-

42 USC Sec. 3789g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3789g. Confidentiality of information

-STATUTE-

(a) Research or statistical information; immunity from process;

prohibition against admission as evidence or use in any

proceedings

Except as provided by Federal law other than this chapter, no

officer or employee of the Federal Government, and no recipient of

assistance under the provisions of this chapter shall use or reveal

any research or statistical information furnished under this

chapter by any person and identifiable to any specific private

person for any purpose other than the purpose for which it was

obtained in accordance with this chapter. Such information and

copies thereof shall be immune from legal process, and shall not,

without the consent of the person furnishing such information, be

admitted as evidence or used for any purpose in any action, suit,

or other judicial, legislative, or administrative proceedings.

(b) Criminal history information; disposition and arrest data;

procedures for collection, storage, dissemination, and current

status; security and privacy; availability for law enforcement,

criminal justice, and other lawful purposes; automated systems:

review, challenge, and correction of information

All criminal history information collected, stored, or

disseminated through support under this chapter shall contain, to

the maximum extent feasible, disposition as well as arrest data

where arrest data is included therein. The collection, storage, and

dissemination of such information shall take place under procedures

reasonably designed to insure that all such information is kept

current therein; the Office of Justice Programs shall assure that

the security and privacy of all information is adequately provided

for and that information shall only be used for law enforcement and

criminal justice and other lawful purposes. In addition, an

individual who believes that criminal history information

concerning him contained in an automated system is inaccurate,

incomplete, or maintained in violation of this chapter, shall, upon

satisfactory verification of his identity, be entitled to review

such information and to obtain a copy of it for the purpose of

challenge or correction.

(c) Criminal intelligence systems and information; prohibition

against violation of privacy and constitutional rights of

individuals

All criminal intelligence systems operating through support under

this chapter shall collect, maintain, and disseminate criminal

intelligence information in conformance with policy standards which

are prescribed by the Office of Justice Programs and which are

written to assure that the funding and operation of these systems

furthers the purpose of this chapter and to assure that such

systems are not utilized in violation of the privacy and

constitutional rights of individuals.

(d) Violations; fine as additional penalty

Any person violating the provisions of this section, or of any

rule, regulation, or order issued thereunder, shall be fined not to

exceed $10,000, in addition to any other penalty imposed by law.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 812, formerly Sec. 818, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1213; renumbered

Sec. 812 and amended Pub. L. 98-473, title II, Sec. 609B(f), (k),

Oct. 12, 1984, 98 Stat. 2093, 2096.)

-MISC1-

PRIOR PROVISIONS

A prior section 812 of Pub. L. 90-351 was classified to section

3789a of this title prior to repeal by section 609B(e) of Pub. L.

98-473.

AMENDMENTS

1984 - Subsecs. (b), (c). Pub. L. 98-473, 609B(k), substituted

"Office of Justice Programs" for "Office of Justice Assistance,

Research, and Statistics".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 609B(k) of 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3732, 5672, 10505 of this

title.

-End-

-CITE-

42 USC Sec. 3789h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3789h. Repealed. Pub. L. 98-473, title II, Sec. 609B(e), (l),

Oct. 12, 1984, 98 Stat. 2093, 2096

-MISC1-

Section, Pub. L. 90-351, title I, Sec. 819, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1213, authorized acceptance

of voluntary services. See section 3788(g) of this title.

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 Sec. 3789i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3789i. Administration of juvenile delinquency programs

-STATUTE-

The Director of the National Institute of Justice and the

Director of the Bureau of Justice Statistics shall work closely

with the Administrator of the Office of Juvenile Justice and

Delinquency Prevention in developing and implementing programs in

the juvenile justice and delinquency prevention field.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 813, formerly Sec. 820, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1214; renumbered

Sec. 813 and amended Pub. L. 98-473, title II, Sec. 609B(f), (m),

Oct. 12, 1984, 98 Stat. 2093, 2096.)

-MISC1-

PRIOR PROVISIONS

A prior section 813 of Pub. L. 90-351 was classified to section

3789b of this title prior to repeal by section 609B(e) of Pub. L.

98-473.

AMENDMENTS

1984 - Pub. L. 98-473, Sec. 609B(m), struck out subsec. (a)

relating to programs concerned with juvenile delinquency and

administered by the Law Enforcement Assistance Administration and

struck out subsec. (b) designation.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 609B(m) of 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. 3789j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3789j. Prohibition on land acquisition

-STATUTE-

No funds under this chapter shall be used for land acquisition.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 814, formerly Sec. 821, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1214; renumbered

Sec. 814, Pub. L. 98-473, title II, Sec. 609B(f), Oct. 12, 1984, 98

Stat. 2093.)

-MISC1-

PRIOR PROVISIONS

A prior section 814 of Pub. L. 90-351 was classified to section

3789c of this title prior to repeal by section 609B(e) of Pub. L.

98-473.

-End-

-CITE-

42 USC Sec. 3789k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3789k. Prohibition on use of Central Intelligence Agency

services

-STATUTE-

Notwithstanding any other provision of this chapter, no use will

be made of services, facilities, or personnel of the Central

Intelligence Agency.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 815, formerly Sec. 822, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1214; renumbered

Sec. 815, Pub. L. 98-473, title II, Sec. 609B(f), Oct. 12, 1984, 98

Stat. 2093.)

-MISC1-

PRIOR PROVISIONS

A prior section 815 of Pub. L. 90-351 was renumbered section 809

and is classified to section 3789d of this title.

-End-

-CITE-

42 USC Sec. 3789l 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3789l. Indian liability waiver

-STATUTE-

Where a State does not have an adequate forum to enforce grant

provisions imposing liability on Indian tribes, the Assistant

Attorney General is authorized to waive State liability and may

pursue such legal remedies as are necessary.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 816, formerly Sec. 823, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1214; renumbered

Sec. 816 and amended Pub. L. 98-473, title II, Sec. 609B(f), (n),

Oct. 12, 1984, 98 Stat. 2093, 2096.)

-MISC1-

PRIOR PROVISIONS

A prior section 816 of Pub. L. 90-351 was renumbered section 810

and is classified to section 3789e of this title.

AMENDMENTS

1984 - Pub. L. 98-473, Sec. 609B(n), substituted "Assistant

Attorney General" for "Administration".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 609B(n) of 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. 3789m 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3789m. District of Columbia matching fund source

-STATUTE-

Funds appropriated by the Congress for the activities of any

agency of the District of Columbia government or the United States

Government performing law enforcement functions in and for the

District of Columbia may be used to provide the non-Federal share

of the cost of programs or projects funded under this chapter.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 817, formerly Sec. 824, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1214; renumbered

Sec. 817, Pub. L. 98-473, title II, Sec. 609B(f), Oct. 12, 1984, 98

Stat. 2093.)

-MISC1-

PRIOR PROVISIONS

A prior section 817 of Pub. L. 90-351 was renumbered section 811

and is classified to section 3789f of this title.

-End-

-CITE-

42 USC Sec. 3789n 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3789n. Limitation on civil justice matters

-STATUTE-

Authority of any entity established under this chapter shall

extend to civil justice matters only to the extent that such civil

justice matters bear directly and substantially upon criminal

justice matters or are inextricably intertwined with criminal

justice matters.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 818, formerly Sec. 825, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1214; renumbered

Sec. 818, Pub. L. 98-473, title II, Sec. 609B(f), Oct. 12, 1984, 98

Stat. 2093.)

-MISC1-

PRIOR PROVISIONS

A prior section 818 of Pub. L. 90-351 was renumbered section 812

and is classified to section 3789g of this title.

-End-

-CITE-

42 USC Sec. 3789o 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3789o. Repealed. Pub. L. 98-473, title II, Sec. 609B(e), Oct.

12, 1984, 98 Stat. 2093

-MISC1-

Section, Pub. L. 90-351, title I, Sec. 826, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1214, required

reimbursement of Federal assistance for unused equipment.

-End-

-CITE-

42 USC Sec. 3789p 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS

-HEAD-

Sec. 3789p. Accountability and oversight

-STATUTE-

(a) Report by grant recipients

The Attorney General or Secretary of Health and Human Services,

as applicable, shall require grantees under any program authorized

or reauthorized by this division or an amendment made by this

division to report on the effectiveness of the activities carried

out with amounts made available to carry out that program,

including number of persons served, if applicable, numbers of

persons seeking services who could not be served and such other

information as the Attorney General or Secretary may prescribe.

(b) Report to Congress

The Attorney General or Secretary of Health and Human Services,

as applicable, shall report biennially to the Committees on the

Judiciary of the House of Representatives and the Senate on the

grant programs described in subsection (a) of this section,

including the information contained in any report under that

subsection.

-SOURCE-

(Pub. L. 106-386, div. B, Sec. 1003, Oct. 28, 2000, 114 Stat.

1491.)

-REFTEXT-

REFERENCES IN TEXT

This division, referred to in subsec. (a), is division B of Pub.

L. 106-386, Oct. 28, 2000, 114 Stat. 1491, known as the Violence

Against Women Act of 2000. For complete classification of division

B to the Code, see Short Title of 2000 Amendment note set out under

section 13701 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.

-End-

-CITE-

42 USC SUBCHAPTER IX - DEFINITIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER IX - DEFINITIONS

-HEAD-

SUBCHAPTER IX - DEFINITIONS

-End-

-CITE-

42 USC Sec. 3791 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER IX - DEFINITIONS

-HEAD-

Sec. 3791. General provisions

-STATUTE-

(a) Definitions

As used in this chapter -

(1) "criminal justice" means activities pertaining to crime

prevention, control, or reduction, or the enforcement of the

criminal law, including, but not limited to, police efforts to

prevent, control, or reduce crime or to apprehend criminals,

including juveniles, activities of courts having criminal

jurisdiction, and related agencies (including but not limited to

prosecutorial and defender services, juvenile delinquency

agencies and pretrial service or release agencies), activities of

corrections, probation, or parole authorities and related

agencies assisting in the rehabilitation, supervision, and care

of criminal offenders, and programs relating to the prevention,

control, or reduction of narcotic addiction and juvenile

delinquency;

(2) "State" means any State of the United States, the District

of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

American Samoa, Guam, and the Northern Mariana Islands: Provided,

That for the purpose of section 3756(a) of this title, American

Samoa and the Commonwealth of the Northern Mariana Islands shall

be considered as one state (!1) and that for these purposes 67

per centum of the amounts allocated shall be allocated to

American Samoa, and 33 per centum to the Commonwealth of the

Northern Mariana Islands.(!2)

(3) "unit of local government" means -

(A) any city, county, township, town, borough, parish,

village, or other general purpose political subdivision of a

State;

(B) any law enforcement district or judicial enforcement

district that -

(i) is established under applicable State law; and

(ii) has the authority to, in a manner independent of other

State entities, establish a budget and impose taxes;

(C) an Indian Tribe (as that term is defined in section 5603

of this title) that performs law enforcement functions, as

determined by the Secretary of the Interior; or

(D) for the purposes of assistance eligibility, any agency of

the government of the District of Columbia or the Federal

Government that performs law enforcement functions in and for -

(i) the District of Columbia; or

(ii) any Trust Territory of the United States;

(4) "construction" means the erection, acquisition, renovation,

repairs, remodeling, or expansion of new or existing buildings or

other physical facilities, and the acquisition or installation of

initial equipment therefor;

(5) "combination" as applied to States or units of local

government means any grouping or joining together of such States

or units for the purpose of preparing, developing, or

implementing a criminal justice program or project;

(6) "public agency" means any State, unit of local government,

combination of such States or units, or any department, agency,

or instrumentality of any of the foregoing;

(7) "correctional facility" means any place for the confinement

or rehabilitation of offenders or individuals charged with or

convicted of criminal offenses;

(8) "correctional facility project" means a project for the

construction, replacement, alteration or expansion of a prison or

jail for the purpose of relieving overcrowding or substandard

conditions;

(9) "criminal history information" includes records and related

data, contained in an automated or manual criminal justice

informational system, compiled by law enforcement agencies for

the purpose of identifying criminal offenders and alleged

offenders and maintaining as to such persons records of arrests,

the nature and disposition of criminal charges, sentencing,

confinement, rehabilitation, and release;

(10) "evaluation" means the administration and conduct of

studies and analyses to determine the impact and value of a

project or program in accomplishing the statutory objectives of

this chapter;

(11) "neighborhood or community-based organizations" means

organizations which are representative of communities or

significant segments of communities;

(12) "chief executive" means the highest official of a State or

local jurisdiction;

(13) "cost of construction" means all expenses found by the

Director to be necessary for the construction of the project,

including architect and engineering fees, but excluding land

acquisition costs;

(14) "population" means total resident population based on data

compiled by the United States Bureau of the Census and referable

to the same point or period in time;

(15) "Attorney General" means the Attorney General of the

United States or his designee;

(16) "court of last resort" means that State court having the

highest and final appellate authority of the State. In States

having two or more such courts, court of last resort shall mean

that State court, if any, having highest and final appellate

authority, as well as both administrative responsibility for the

State's judicial system and the institutions of the State

judicial branch and rulemaking authority. In other States having

two or more courts with highest and final appellate authority,

court of last resort shall mean the highest appellate court which

also has either rulemaking authority or administrative

responsibility for the State's judicial system and the

institutions of the State judicial branch. Except as used in the

definition of the term "court of last resort" the term "court"

means a tribunal recognized as a part of the judicial branch of a

State or of its local government units;

(17) "institution of higher education" means any such

institution as defined by section 1001 of title 20, subject,

however, to such modifications and extensions as the Office may

determine to be appropriate;

(18) "white-collar crime" means an illegal act or series of

illegal acts committed by nonphysical means and by concealment or

guile, to obtain money or property, to avoid the payment or loss

of money or property, or to obtain business or personal

advantage;

(19) "proven effectiveness" means that a program, project,

approach, or practice has been shown by analysis of performance

and results to make a significant contribution to the

accomplishment of the objectives for which it was undertaken or

to have a significant effect in improving the condition or

problem it was undertaken to address;

(20) "record of proven success" means that a program, project,

approach, or practice has been demonstrated by evaluation or by

analysis of performance data and information to be successful in

a number of jurisdictions or over a period of time in

contributing to the accomplishment of objectives or to improving

conditions identified with the problem, to which it is addressed;

(21) "high probability of improving the criminal justice

system" means that a prudent assessment of the concepts and

implementation plans included in a proposed program, project,

approach, or practice, together with an assessment of the problem

to which it is addressed and of data and information bearing on

the problem, concept, and implementation plan, provides strong

evidence that the proposed activities would result in

identifiable improvements in the criminal justice system if

implemented as proposed;

(22) "correctional option" includes community-based

incarceration, weekend incarceration, boot camp prison,

electronic monitoring of offenders, intensive probation, and any

other innovative punishment designed to have the greatest impact

on offenders who can be punished more effectively in an

environment other than a traditional correctional facility;

(23) "boot camp prison" includes a correctional facility in

which inmates are required to participate in a highly regimented

program that provides strict discipline, physical training, and

hard labor, together with extensive rehabilitative activities and

with educational, job training, and drug treatment support;

(24) the term "young offender" means a non-violent first-time

offender or a non-violent offender with a minor criminal record

who is 22 years of age or younger (including juveniles); and

(25) the term "residential substance abuse treatment program"

means a course of individual and group activities, lasting

between 6 and 12 months, in residential treatment facilities set

apart from the general prison population -

(A) directed at the substance abuse problems of the prisoner;

and

(B) intended to develop the prisoner's cognitive, behavioral,

social, vocational, and other skills so as to solve the

prisoner's substance abuse and related problems.

(b) Data basis for definitions; reflection of technical changes or

modifications

Where appropriate, the definitions in subsection (a) of this

section shall be based, with respect to any fiscal year, on the

most recent data compiled by the United States Bureau of the Census

and the latest published reports of the Office of Management and

Budget available ninety days prior to the beginning of such fiscal

year. The Office may by regulation change or otherwise modify the

meaning of the terms defined in subsection (a) of this section in

order to reflect any technical change or modification thereof made

subsequent to such date by the United States Bureau of the Census

or the Office of Management and Budget.

(c) Designation of public agencies for undertaking a program or

project

One or more public agencies, including existing local public

agencies, may be designated by the chief executive officer of a

State or a unit of local government to undertake a program or

project in whole or in part.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 901, as added Pub. L. 96-157, Sec.

2, Dec. 27, 1979, 93 Stat. 1216; amended Pub. L. 98-473, title II,

Sec. 609C, Oct. 12, 1984, 98 Stat. 2096; Pub. L. 99-396, Sec. 7,

Aug. 27, 1986, 100 Stat. 839; Pub. L. 100-690, title VI, Sec.

6092(b), Nov. 18, 1988, 102 Stat. 4339; Pub. L. 101-219, title II,

Sec. 206, Dec. 12, 1989, 103 Stat. 1874; Pub. L. 101-647, title

XVIII, Sec. 1801(c), Nov. 29, 1990, 104 Stat. 4849; Pub. L.

103-322, title II, Sec. 20201(c), title III, Sec. 32101(c), title

XXXIII, Sec. 330001(d), (h)(13), Sept. 13, 1994, 108 Stat. 1822,

1900, 2138, 2140; Pub. L. 105-244, title I, Sec. 102(a)(13)(D),

Oct. 7, 1998, 112 Stat. 1620; Pub. L. 105-277, div. A, Sec. 101(b)

[title I, Sec. 129(b)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-76.)

-MISC1-

PRIOR PROVISIONS

A prior section 3791 of this title, Pub. L. 90-351, title I, Sec.

651, as added Pub. L. 91-644, title I, Sec. 10, Jan. 2, 1971, 84

Stat. 1889; amended Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat.

218, related to embezzlement, theft, and fraud, prior to the

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

3795 of this title.

A prior section 901 of Pub. L. 90-351, title IV, June 19, 1968,

82 Stat. 225, was classified as a note under section 921 of Title

18, Crimes and Criminal Procedure.

A prior section 3792 of this title, Pub. L. 90-351, title I, Sec.

652, as added Pub. L. 91-644, title I, Sec. 10, Jan. 2, 1971, 84

Stat. 1889; amended Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat.

218, related to fraudulent and false statements or entries, prior

to the general amendment of this chapter by Pub. L. 96-157. See

section 3795a of this title.

AMENDMENTS

1998 - Subsec. (a)(3). Pub. L. 105-277, which directed the

general amendment of par. (3) of this section, was executed to

subsec. (a)(3) of this section, to reflect the probable intent of

Congress. Prior to amendment, subsec. (a)(3) read as follows: "

'unit of local government' means any city, county, township, town,

borough, parish, village, or other general purpose political

subdivision of a State, an Indian tribe which performs law

enforcement functions as determined by the Secretary of the

Interior, or, for the purpose of assistance eligibility, any agency

of the District of Columbia government or the United States

Government performing law enforcement functions in and for the

District of Columbia, and the Trust Territory of the Pacific

Islands;".

Subsec. (a)(17). Pub. L. 105-244, which directed amendment of

par. (17) of this section by substituting "1001" for "1141(a)", was

executed to subsec. (a)(17) of this section, to reflect the

probable intent of Congress.

1994 - Subsec. (a)(3). Pub. L. 103-322, Sec. 330001(h)(13),

substituted "Columbia, and" for "Columbia and,".

Subsec. (a)(21). Pub. L. 103-322, Secs. 20201(c)(1), 330001(d),

amended par. (21) identically, inserting a semicolon at end.

Subsec. (a)(22). Pub. L. 103-322, Sec. 20201(c)(2), struck out

"and" at end.

Subsec. (a)(23). Pub. L. 103-322, Sec. 32101(c)(1), which

directed the striking out of "and" at end of par. (23), could not

be executed because the word "and" did not appear at end of par.

(23).

Pub. L. 103-322, Sec. 20201(c)(3), substituted a semicolon for

period at end.

Subsec. (a)(24). Pub. L. 103-322, Sec. 32101(c)(2), substituted

"; and" for period at end.

Pub. L. 103-322, Sec. 20201(c)(4), added par. (24).

Subsec. (a)(25). Pub. L. 103-322, Sec. 32101(c)(3), added par.

(25).

1990 - Subsec. (a)(22), (23). Pub. L. 101-647 added pars. (22)

and (23).

1989 - Subsec. (a)(2). Pub. L. 101-219 substituted "Provided,

That for the purpose of section 3756(a) of this title, American

Samoa and the Commonwealth of the Northern Mariana Islands shall be

considered as one state and that for these purposes 67 per centum

of the amounts allocated shall be allocated to American Samoa, and

33 per centum to the Commonwealth of the Northern Mariana Islands."

for "Provided, That for the purposes of section 3756(a) of this

title American Samoa, Guam, and the Northern Mariana Islands shall

be considered as one State and that, for these purposes, 33 per

centum of the amounts allocated shall be allocated to American

Samoa, 50 per centum to Guam, and 17 per centum to the Northern

Mariana Islands;".

1988 - Subsec. (a)(2). Pub. L. 100-690 substituted "section

3756(a)" for "section 3747(a)".

1986 - Subsec. (a)(2). Pub. L. 99-396, Sec. 7(1), included

American Samoa, Guam, and the Northern Mariana Islands in

definition of "State" and inserted proviso directing that for

purposes of section 3747(a) of this title American Samoa, Guam, and

the Northern Mariana Islands shall be considered as one State.

Subsec. (a)(3). Pub. L. 99-396, Sec. 7(2), substituted "and" for

", Guam, American Samoa" after "in and for the District of

Columbia" and struck out ", or the Commonwealth of the Northern

Mariana Islands" after "Trust Territory of the Pacific Islands".

1984 - Subsec. (a)(2). Pub. L. 98-473, Sec. 609C(b)(1), struck

out references to Guam, American Samoa, the Trust Territory of the

Pacific Islands, and the Commonwealth of the Northern Mariana

Islands.

Subsec. (a)(3). Pub. L. 98-473, Sec. 609C(b)(2), inserted

references to Guam, American Samoa, the Trust Territory of the

Pacific Islands, and the Commonwealth of the Northern Mariana

Islands.

Subsec. (a)(4). Pub. L. 98-473, Sec. 609C(b)(3), extended

definition of "construction" to include renovation, repairs, and

remodeling and struck out previous exclusion of such items from

definition.

Subsec. (a)(7). Pub. L. 98-473, Sec. 609C(b)(4), substituted

"correctional facility" for "correctional institution or facility".

Subsec. (a)(8). Pub. L. 98-473, Sec. 609C(b)(5), substituted

definition of "correctional facility project" for "comprehensive".

Subsec. (a)(13). Pub. L. 98-473, Sec. 609C(b)(6), substituted

definition of "cost of construction" for "municipality".

Subsecs. (a)(17), (b). Pub. L. 98-473, Sec. 609C(a), substituted

"Office" for "Administration".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

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.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

(!2) So in original. The period probably should be a semicolon.

-End-

-CITE-

42 USC SUBCHAPTER X - FUNDING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER X - FUNDING

-HEAD-

SUBCHAPTER X - FUNDING

-End-

-CITE-

42 USC Sec. 3793 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT

SUBCHAPTER X - FUNDING

-HEAD-

Sec. 3793. Authorization of appropriations

-STATUTE-

(a)(1) There is authorized to be appropriated $30,000,000 for

fiscal year 1992 and $33,000,000 for each of the fiscal years 1994

and 1995 to carry out the functions of the Bureau of Justice

Statistics.

(2) There is authorized to be appropriated $30,000,000 for fiscal

year 1992 and $33,000,000 for each of the fiscal years 1994 and

1995 to carry out the functions of the National Institute of

Justice.

(3) There are authorized to be appropriated such sums as may be

necessary for fiscal year 1992 and $28,000,000 for each of the

fiscal years 1994 and 1995 to carry out the remaining functions of

the Office of Justice Programs and the Bureau of Justice Assistance

other than functions under subchapters IV, V, VI, VII, XII, XII-A,

XII-B, XII-C, XII-D, XII-E, XII-F, XII-G, XII-H, XII-I, XII-J,(!1)

XII-K, and XII-L or (!2) XVI of this chapter.

(4) There are authorized to be appropriated for each fiscal year

such sums as may be necessary to carry out subchapter XII of this

chapter.

(5) There are authorized to be appropriated such sums as may be

necessary for fiscal year 1992 and $1,000,000,000 for each of the

fiscal years 1994 and 1995 to carry out the programs under

subchapters IV and V (other than subpart 2 of part B) (!3) (other

than subpart 2 of part B of subchapter V) of this chapter.

(6) There are authorized to be appropriated such sums as may be

necessary for fiscal year 1992, $245,000,000 for fiscal year 1993,

and such sums as may be necessary for fiscal year (!4) 1994 and

1995 to carry out subpart 2 of part B of subchapter V of this

chapter.

(7) There is authorized to be appropriated to carry out

subchapter XII-B of this chapter $1,000,000 for each of fiscal

years 2001 through 2005.

(8) There are authorized to be appropriated such sums as may be

necessary for fiscal year 1992, $16,500,000 for fiscal year 1993,

and such sums as may be necessary for fiscal year (!4) 1994 and

1995.

(9) There are authorized to be appropriated to carry out

subchapter XII-C of this chapter -

(A) $24,000,000 for fiscal year 1996;

(B) $40,000,000 for fiscal year 1997;

(C) $50,000,000 for fiscal year 1998;

(D) $60,000,000 for fiscal year 1999; and

(E) $66,000,000 for fiscal year 2000.

(10) There are (!5) authorized to be appropriated $10,000,000 for

each of the fiscal years 1994, 1995, and 1996 to carry out projects

under subchapter XII-D of this chapter.

(11)(A) There are authorized to be appropriated to carry out

subchapter XII-E of this chapter, to remain available until

expended -

(i) $1,332,000,000 for fiscal year 1995;

(ii) $1,850,000,000 for fiscal year 1996;

(iii) $1,950,000,000 for fiscal year 1997;

(iv) $1,700,000,000 for fiscal year 1998;

(v) $1,700,000,000 for fiscal year 1999; and

(vi) $268,000,000 for fiscal year 2000.

(B) Of funds available under subchapter XII-E of this chapter in

any fiscal year, up to 3 percent may be used for technical

assistance under section 3796dd(f) of this title or for evaluations

or studies carried out or commissioned by the Attorney General in

furtherance of the purposes of subchapter XII-E of this chapter. Of

the remaining funds, 50 percent shall be allocated for grants

pursuant to applications submitted by units of local government or

law enforcement agencies having jurisdiction over areas with

populations exceeding 150,000 or by public and private entities

that serve areas with populations exceeding 150,000, and 50 percent

shall be allocated for grants pursuant to applications submitted by

units of local government or law enforcement agencies having

jurisdiction over areas with populations 150,000 or less or by

public and private entities that serve areas with populations

150,000 or less. Of the funds available in relation to grants under

subchapter XII-E of this chapter, at least 85 percent shall be

applied to grants for the purposes specified in section 3796dd(b)

of this title, and no more than 15 percent may be applied to other

grants in furtherance of the purposes of subchapter XII-E of this

chapter. In view of the extraordinary need for law enforcement

assistance in Indian country, an appropriate amount of funds

available under subchapter XII-E of this chapter shall be made

available for grants to Indian tribal governments or tribal law

enforcement agencies.

(16) (!6) There are authorized to be appropriated to carry out

projects under subchapter XII-F of this chapter -

(A) $20,000,000 for fiscal year 1996;

(B) $25,000,000 for fiscal year 1997;

(C) $30,000,000 for fiscal year 1998;

(D) $35,000,000 for fiscal year 1999; and

(E) $40,000,000 for fiscal year 2000.

(17) There are authorized to be appropriated to carry out the

projects under subchapter XII-G of this chapter -

(A) $27,000,000 for fiscal year 1996;

(B) $36,000,000 for fiscal year 1997;

(C) $63,000,000 for fiscal year 1998;

(D) $72,000,000 for fiscal year 1999; and

(E) $72,000,000 for fiscal year 2000.

(18) There is authorized to be appropriated to carry out

subchapter XII-H of this chapter $185,000,000 for each of fiscal

years 2001 through 2005.

(19) There is authorized to be appropriated to carry out

subchapter XII-I of this chapter $65,000,000 for each of fiscal

years 2001 through 2005.

(20) There are authorized to be appropriated to carry out

subchapter XII-J of this chapter, $10,000,000 for each of fiscal

years 2001 through 2004.

(21) There are authorized to be appropriated to carry out

subchapter XII-K of this chapter -

(1) $2,500,000 for fiscal year 1996;

(2) $4,000,000 for fiscal year 1997;

(3) $5,000,000 for fiscal year 1998;

(4) $6,000,000 for fiscal year 1999; and

(5) $7,500,000 for fiscal year 2000.

(22) There are authorized to be appropriated to carry out

subchapter XII-L of this chapter -

(1) $1,000,000 for fiscal year 1996;

(2) $3,000,000 for fiscal year 1997;

(3) $5,000,000 for fiscal year 1998;

(4) $13,500,000 for fiscal year 1999; and

(5) $17,500,000 for fiscal year 2000.

(23) There are authorized to be appropriated to carry out

subchapter XII-M of this chapter, $25,000,000 for each of fiscal

years 1999 through 2001, and $50,000,000 for each of fiscal years

2002 through 2004.

(24) There are authorized to be appropriated to carry out

subchapter XV of this chapter, to remain available until expended -

(A) $35,000,000 for fiscal year 2001;

(B) $85,400,000 for fiscal year 2002;

(C) $134,733,000 for fiscal year 2003;

(D) $128,067,000 for fiscal year 2004;

(E) $56,733,000 for fiscal year 2005; and

(F) $42,067,000 for fiscal year 2006.

(25)(A) Except as provided in subparagraph (C), there are

authorized to be appropriated to carry out subchapter XVI of this

chapter -

(i) $50,000,000 for fiscal year 2002;

(ii) $54,000,000 for fiscal year 2003;

(iii) $58,000,000 for fiscal year 2004; and

(iv) $60,000,000 for fiscal year 2005.

(B) The Attorney General shall reserve not less than 1 percent

and not more than 4.5 percent of the sums appropriated for this

program in each fiscal year for research and evaluation of this

program.

(C) No funds made available to carry out subchapter XVI of this

chapter shall be expended if the Attorney General fails to submit

the report required to be submitted under section 2401(c) of title

II of Division B of the 21st Century Department of Justice

Appropriations Authorization Act.(!1)

(b) Funds appropriated for any fiscal year may remain available

for obligation until expended.

(c) Notwithstanding any other provision of law, no funds

appropriated under this section for subchapter V of this chapter

may be transferred or reprogrammed for carrying out any activity

which is not authorized under such subchapter.

-SOURCE-

(Pub. L. 90-351, title I, Sec. 1001, as added Pub. L. 96-157, Sec.

2, Dec. 27, 1979, 93 Stat. 1218; amended Pub. L. 98-473, title II,

Sec. 609D(a), Oct. 12, 1984, 98 Stat. 2097; Pub. L. 99-570, title

I, Sec. 1552(c), Oct. 27, 1986, 100 Stat. 3207-46; Pub. L. 100-690,

title VI, Sec. 6093, Nov. 18, 1988, 102 Stat. 4339; Pub. L.

101-647, title II, Sec. 241(c), title VIII, Sec. 801(b), title

XVIII, Sec. 1801(e), title XXVIII, Sec. 2801, Nov. 29, 1990, 104

Stat. 4814, 4826, 4849, 4912; Pub. L. 102-521, Sec. 4(c), Oct. 25,

1992, 106 Stat. 3406; Pub. L. 102-534, Sec. 1, Oct. 27, 1992, 106

Stat. 3524; Pub. L. 103-322, title I, Sec. 10003(c), title II, Sec.

20201(d), title III, Sec. 32101(d), title IV, Secs. 40121(c),

40156(c)(1), 40231(c), title V, Sec. 50001(c), title XVIII, Sec.

180101(a), title XXI, Secs. 210201(c), 210302(c)(3), 210601, title

XXXIII, Sec. 330001(b)(3), (h)(14), Sept. 13, 1994, 108 Stat. 1814,

1823, 1901, 1916, 1923, 1934, 1958, 2045, 2064, 2068, 2073, 2138,

2140; Pub. L. 104-134, title I, Sec. 101[(a)] [title I, Sec.

114(b)(1)(B)(i)], Apr. 26, 1996, 110 Stat. 1321, 1321-21;

renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110

Stat. 1327; Pub. L. 105-181, Sec. 3(b), June 16, 1998, 112 Stat.

515; Pub. L. 106-386, div. B, title I, Secs. 1103(a), 1104, title

III, Sec. 1302(c), Oct. 28, 2000, 114 Stat. 1495, 1497, 1511; Pub.

L. 106-515, Sec. 3(c), Nov. 13, 2000, 114 Stat. 2403; Pub. L.

106-517, Sec. 3(f), Nov. 13, 2000, 114 Stat. 2409; Pub. L. 106-561,

Sec. 2(c)(2)(A), Dec. 21, 2000, 114 Stat. 2791; Pub. L. 107-273,

div. B, title II, Sec. 2302, Nov. 2, 2002, 116 Stat. 1798.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter XII-J of this chapter, referred to in subsec. (a)(3),

was repealed 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.

Section 2401(c) of title II of Division B of the 21st Century

Department of Justice Appropriations Authorization Act, referred to

in subsec. (a)(25)(C), probably means section 2301(c) of title II

of div. B of Pub. L. 107-273, Nov. 2, 2002, 116 Stat. 1798, which

is not classified to the Code. Pub. L. 107-273 does not contain a

section 2401.

-MISC1-

PRIOR PROVISIONS

A prior section 3793, Pub. L. 90-351, title I, Sec. 653, as added

Pub. L. 91-644, title I, Sec. 10, Jan. 2, 1971, 84 Stat. 1889;

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

subjected the operation of the law enforcement and criminal justice

program under this chapter to section 371 of Title 18, Crimes and

Criminal Procedure, prior to the general amendment of this chapter

by Pub. L. 96-157. See section 3795b of this title.

A prior section 1001 of Pub. L. 90-351, title V, June 19, 1968,

82 Stat. 235, enacted section 7313 of Title 5, Government

Organization and Employees.

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-273, Sec. 2302(1), inserted

"or XVI" after "and XII-L".

Subsec. (a)(25). Pub. L. 107-273, Sec. 2302(2), added par. (25).

2000 - Subsec. (a)(7). Pub. L. 106-386, Sec. 1302(c), added par.

(7) and struck out former par. (7) which read as follows: "There

are authorized to be appropriated to carry out subchapter XII-B of

this chapter -

"(A) $250,000 for fiscal year 1996;

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

"(C) $1,000,000 for fiscal year 1998;

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

"(E) $1,000,000 for fiscal year 2000."

Subsec. (a)(18). Pub. L. 106-386, Sec. 1103(a), added par. (18)

and struck out former par. (18) which read as follows: "There are

authorized to be appropriated to carry out subchapter XII-H of this

chapter -

"(A) $26,000,000 for fiscal year 1995;

"(B) $130,000,000 for fiscal year 1996;

"(C) $145,000,000 for fiscal year 1997;

"(D) $160,000,000 for fiscal year 1998;

"(E) $165,000,000 for fiscal year 1999; and

"(F) $174,000,000 for fiscal year 2000."

Subsec. (a)(19). Pub. L. 106-386, Sec. 1104, added par. (19) and

struck out former par. (19) which read as follows: "There are

authorized to be appropriated to carry out subchapter XII-I of this

chapter -

"(A) $28,000,000 for fiscal year 1996;

"(B) $33,000,000 for fiscal year 1997; and

"(C) $59,000,000 for fiscal year 1998."

Subsec. (a)(20). Pub. L. 106-515 added par. (20).

Subsec. (a)(23). Pub. L. 106-517 inserted ", and $50,000,000 for

each of fiscal years 2002 through 2004" before period at end.

Subsec. (a)(24). Pub. L. 106-561 added par. (24).

1998 - Subsec. (a)(23). Pub. L. 105-181 added par. (23).

1996 - Subsec. (a)(20). Pub. L. 104-134 struck out par. (20)

which read as follows: "There are authorized to be appropriated to

carry out subchapter XII-J of this chapter -

"(A) $100,000,000 for fiscal year 1995;

"(B) $150,000,000 for fiscal year 1996;

"(C) $150,000,000 for fiscal year 1997;

"(D) $200,000,000 for fiscal year 1998;

"(E) $200,000,000 for fiscal year 1999; and

"(F) $200,000,000 for fiscal year 2000."

1994 - Subsec. (a)(1), (2). Pub. L. 103-322, Sec. 210601(1), (2),

substituted "1994 and 1995" for "1993 and 1994".

Subsec. (a)(3). Pub. L. 103-322, Sec. 210601(3), substituted

"1994 and 1995" for "1993 and 1994".

Pub. L. 103-322, Sec. 210302(c)(3)(A), which directed the

substitution of "XII-K, and XII-L" for "and XII-K" in par. (3) of

this section, was executed by making the substitution in par. (3)

of subsec. (a) to reflect the probable intent of Congress.

Pub. L. 103-322, Sec. 210201(c)(1), substituted "XII-J, and

XII-K" for "and XII-J".

Pub. L. 103-322, Sec. 50001(c)(1), substituted "XII-I, and XII-J"

for "and XII-I".

Pub. L. 103-322, Sec. 40231(c)(1), substituted "XII-H, and XII-I"

for "and XII-H".

Pub. L. 103-322, Sec. 40121(c)(1), which directed the

substitution of "XII-G, and XII-H" for "and XII-G", was executed by

making the substitution for "or XII-G", to reflect the probable

intent of Congress. See below.

Pub. L. 103-322, Sec. 32101(d)(1), which directed the

substitution of "XII-F, or XII-G" for "and XII-F", was executed by

making the substitution for "or XII-F" to reflect the probable

intent of Congress. See below.

Pub. L. 103-322, Sec. 20201(d)(1), substituted "XII-E, or XII-F"

for "and XII-E".

Pub. L. 103-322, Sec. 10003(c)(1), substituted "XII-C, XII-D, and

XII-E" for "and XII-C".

Subsec. (a)(5). Pub. L. 103-322, Sec. 330001(b)(3), inserted

"(other than subpart 2 of part B)" after "and V".

Pub. L. 103-322, Sec. 210601(4), substituted "1994 and 1995" for

"1993 and 1994".

Subsec. (a)(6). Pub. L. 103-322, Sec. 210601(5), inserted "and

1995" after "1994".

Subsec. (a)(7). Pub. L. 103-322, Sec. 210601(6), which directed

the substitution of "1994 and 1995" for "1991, 1992, 1993, and

1994,", could not be executed because "1991, 1992, 1993, and 1994,"

did not appear in text of par. (7). See below.

Pub. L. 103-322, Sec. 40156(c)(1), amended par. (7) generally.

Prior to amendment, par. (7) read as follows: "There is authorized

to be appropriated $25,000,000 for each of the fiscal years 1992,

1993, and 1994 to carry out the programs under subchapter XII-B of

this chapter."

Subsec. (a)(8). Pub. L. 103-322, Sec. 210601(7), inserted "and

1995" after "1994".

Subsec. (a)(9). Pub. L. 103-322, Sec. 210601(8), which directed

the insertion of "and 1995" after "1994", could not be executed

because "1994" did not appear in text subsequent to amendment by

Pub. L. 103-322, Sec. 180101(a). See below.

Pub. L. 103-322, Sec. 180101(a), amended par. (9) generally.

Prior to amendment, par. (9) read as follows: "There are authorized

to be appropriated such sums as may be necessary for fiscal year

1992, $22,000,000 for fiscal year 1993, and such sums as may be

necessary for fiscal year 1994 to carry out subchapter XII-C of

this chapter."

Subsec. (a)(11). Pub. L. 103-322, Sec. 10003(c)(2), added par.

(11).

Subsec. (a)(16). Pub. L. 103-322, Sec. 20201(d)(2), added par.

(16).

Subsec. (a)(17). Pub. L. 103-322, Sec. 32101(d)(2), added par.

(17).

Subsec. (a)(18). Pub. L. 103-322, Sec. 40121(c)(2), added par.

(18).

Subsec. (a)(19). Pub. L. 103-322, Sec. 40231(c)(2), added par.

(19).

Subsec. (a)(20). Pub. L. 103-322, Sec. 50001(c)(2), added par.

(20).

Subsec. (a)(21). Pub. L. 103-322, Sec. 210201(c)(2), added par.

(21).

Subsec. (a)(22). Pub. L. 103-322, Sec. 210302(c)(3)(B), which

directed amendment of this section by adding at the end a new par.

(22), was executed by adding par. (22) at the end of subsec. (a) to

reflect the probable intent of Congress.

Subsec. (c). Pub. L. 103-322, Sec. 330001(h)(14), substituted

"such subchapter" for "such subchapters".

1992 - Subsec. (a)(1). Pub. L. 102-534, Sec. 1(2), substituted

"fiscal year 1992 and $33,000,000 for each of the fiscal years 1993

and 1994" for "each of the fiscal years 1989, 1990, 1991, and

1992".

Subsec. (a)(2). Pub. L. 102-534, Sec. 1(3), substituted "fiscal

year 1992 and $33,000,000 for each of the fiscal years 1993 and

1994" for "each of the fiscal years 1989, 1990, 1991, and 1992".

Subsec. (a)(3). Pub. L. 102-534, Sec. 1(4), substituted "such

sums as may be necessary for fiscal year 1992 and $28,000,000 for

each of the fiscal years 1993 and 1994 to carry out the remaining

functions of the Office of Justice Programs and the Bureau of

Justice Assistance other than functions under subchapters IV, V,

VI, VII, XII, XII-A, XII-B, and XII-C of this chapter" for

"$25,500,000 for fiscal year 1989 and such sums as may be necessary

for each of the fiscal years 1990, 1991, and 1992 to carry out the

remaining functions of the Office of Justice Programs and the

Bureau of Justice Assistance, other than functions under

subchapters IV, V, VI, VII, XII, XII-A, and XII-B of this chapter".

Subsec. (a)(5). Pub. L. 102-534, Sec. 1(5), substituted "such

sums as may be necessary for fiscal year 1992 and $1,000,000,000

for each of the fiscal years 1993 and 1994 to carry out the

programs under subchapters IV and V (other than subpart 2 of part B

of subchapter V)" for "$900,000,000 for fiscal year 1991 and such

sums as may be necessary for fiscal year 1992 to carry out the

programs under subchapters IV and V".

Subsec. (a)(6). Pub. L. 102-534, Sec. 1(6), substituted "such

sums as may be necessary for fiscal year 1992, $245,000,000 for

fiscal year 1993, and such sums as may be necessary for fiscal year

1994" for "$220,000,000 for fiscal year 1991 and such sums as may

be necessary for fiscal year 1992".

Subsec. (a)(7). Pub. L. 102-534, Sec. 1(7), substituted "1992,

1993, and 1994" for "1991, 1992, and 1993".

Pub. L. 102-521, Sec. 4(c)(1), and Pub. L. 102-534, Sec. 1(1),

amended subsec. (a) identically, redesignating par. (6), relating

to authorization of appropriations for subchapter XII-B of this

chapter, as (7). Former pars. (7) redesignated (8) and (9).

Subsec. (a)(8). Pub. L. 102-534, Sec. 1(8), substituted "such

sums as may be necessary for fiscal year 1992, $16,500,000 for

fiscal year 1993, and such sums as may be necessary for fiscal year

1994" for "$15,000,000 for fiscal year 1989 and such sums as may be

necessary for each of the fiscal years 1990, 1991, and 1992 to

carry out the programs under subchapter XII-A of this chapter".

Pub. L. 102-521, Sec. 4(c)(1), and Pub. L. 102-534, Sec. 1(1),

amended subsec. (a) identically, redesignating par. (7), relating

to authorization of appropriations for subchapter XII-A of this

chapter, as (8).

Subsec. (a)(9). Pub. L. 102-534, Sec. 1(9)(C), which directed the

amendment of subsec. (a)(9) by substituting "such subchapter" for

"such subchapters" in "subsection (c)", could not be executed

because "such subchapters" did not appear in text of subsec.

(a)(9).

Pub. L. 102-534, Sec. 1(9)(A), (B), substituted "such sums as may

be necessary for fiscal year 1992, $22,000,000 for fiscal year

1993, and such sums as may be necessary for fiscal year 1994" for

"$20,000,000 for fiscal year 1991, and such sums as may be

necessary for fiscal years 1992 and 1993,".

Pub. L. 102-521, Sec. 4(c)(1), and Pub. L. 102-534, Sec. 1(1),

amended subsec. (a) identically, redesignating par. (7), relating

to authorization of appropriations for subchapter XII-C of this

chapter, as (9).

Subsec. (a)(10). Pub. L. 102-521, Sec. 4(c)(2), added par. (10).

1990 - Subsec. (a)(3). Pub. L. 101-647, Sec. 241(c)(1)(A),

substituted "XII-A, and XII-B" for "and XII-A".

Subsec. (a)(5). Pub. L. 101-647, Sec. 2801, amended par. (5)

generally. Prior to amendment, par. (5) read as follows: "There are

authorized to be appropriated $275,000,000 for fiscal year 1989;

$350,000,000 for fiscal year 1990; $400,000,000 for fiscal year

1991; and such sums as may be necessary for fiscal year 1992 to

carry out the programs under subchapters IV and V of this chapter."

Subsec. (a)(6). Pub. L. 101-647, Sec. 1801(e), added par. (6)

relating to authorization of appropriations for subpart 2 of part B

of subchapter V of this chapter.

Pub. L. 101-647, Sec. 241(c)(1)(C), added par. (6) relating to

authorization of appropriations for subchapter XII-B of this

chapter. Former par. (6) redesignated (7).

Subsec. (a)(7). Pub. L. 101-647, Sec. 801(b), added par. (7)

relating to authorization of appropriations for subchapter XII-C of

this chapter.

Pub. L. 101-647, Sec. 241(c)(1)(B), redesignated par. (6),

relating to authorization of appropriations for subchapter XII-A of

this chapter, as (7).

Subsec. (b). Pub. L. 101-647, Sec. 241(c)(2), which directed

substitution of "XII-A, and XII-B" for "and XII-A", could not be

executed because the words "and XII-A" did not appear.

1988 - Pub. L. 100-690 amended section generally, substituting

provisions authorizing appropriations for fiscal years 1989 through

1992 for provisions authorizing appropriations for fiscal years

1984 through 1988.

1986 - Subsec. (a)(3). Pub. L. 99-570, Sec. 1552(c)(1)(A),

inserted reference to subchapter XII-A of this chapter.

Subsec. (a)(6), (7). Pub. L. 99-570, Sec. 1552(c)(1)(B), (C),

added par. (6) and redesignated former par. (6) as (7).

Subsec. (b). Pub. L. 99-570, Sec. 1552(c)(2), inserted reference

to subchapter XII-A of this chapter.

1984 - Pub. L. 98-473, in amending section generally, designated

existing provisions as subsec. (a), substituted appropriations

authorization of necessary sums for fiscal years 1984 through 1988

for authorizations for fiscal years ending Sept. 30, 1980, through

1983, struck out provisions authorizing appropriations for

subchapter VIII and for carrying out remaining functions of the Law

Enforcement Assistance Administration, and added subsec. (b).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 210302(c)(3) of Pub. L. 103-322 effective 60

days after Sept. 13, 1994, see section 210302(c)(4) of Pub. L.

103-322, set out as a note under section 3751 of this title.

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.

DISSEMINATION OF INFORMATION

Pub. L. 106-386, div. B, title III, Sec. 1302(d), Oct. 28, 2000,

114 Stat. 1511, provided that: "The Attorney General shall -

"(1) annually compile and disseminate information (including

through electronic publication) about the use of amounts expended

and the projects funded under section 218(a) of the Victims of

Child Abuse Act of 1990 (42 U.S.C. 13014(a)), section 224(a) of

the Victims of Child Abuse Act of 1990 (42 U.S.C. 13024(a)), and

section 1007(a)(7) [1001(a)(7)] of title I of the Omnibus Crime

Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(7)),

including any evaluations of the projects and information to

enable replication and adoption of the strategies identified in

the projects; and

"(2) focus dissemination of the information described in

paragraph (1) toward community-based programs, including domestic

violence and sexual assault programs."

[For definitions of "domestic violence" and "sexual assault" as

used in section 1302(d)(2) 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.]

USE OF FUNDS AVAILABLE UNDER FORMER SUBSECTION (A)(20)

Section 101[(a)] [title I, Sec. 114(b)(1)(B)(ii)] of Pub. L.

104-134 provided that: "Notwithstanding the provisions of

subparagraph (A) [repealing sections 3796ii to 3796ii-8 of this

title], any funds that remain available to an applicant under

paragraph (20) of [section 1001(a) of] title I of the Omnibus Crime

Control and Safe Streets Act of 1968 [former 42 U.S.C. 3793(a)(20)]

shall be used in accordance with part V of [title I of] such Act

[former 42 U.S.C. 3796ii to 3796ii-8] as if [sic] such Act [part]

was in effect on the day preceding the date of enactment of this

Act [Apr. 26, 1996]."

FINANCIAL SUPPORT FOR PROGRAMS, ETC., DEVOTED TO INTERNATIONAL

ASPECTS OF CRIME PREVENTION AND CRIMINAL JUSTICE

Pub. L. 96-132, Sec. 20(a), Nov. 30, 1979, 93 Stat. 1049,

provided that: "The National Institute of Justice, the Bureau of

Justice Statistics, and the Law Enforcement Assistance

Administration are authorized to use funds, and to authorize States

to use funds, for programs, projects or events devoted to the

international aspects of crime prevention and criminal justice."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3796dd of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original.

(!3) So in original. Phrase "(other than subpart 2 of part B)"

probably should not appear.

(!4) So in original. Probably should be "years".

(!5) So in original. Probably should be "is".

(!6) So in original. No pars. (12) to (15) have been enacted.

-End-