Legislación

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

Compartir 0 Me sirvió 0 No me sirvió

-CITE-

42 USC Sec. 13902 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part I - Family Unity Demonstration Project

subpart 2 - family unity demonstration project for federal prisoners

-HEAD-

Sec. 13902. Requirements

-STATUTE-

For the purpose of placing Federal participants in a family unity

demonstration project under section 13901 of this title, the

Attorney General shall consult with the Secretary of Health and

Human Services regarding the development and operation of the

project.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 31922, Sept. 13, 1994, 108 Stat.

1896.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Part J - Prevention, Diagnosis, and Treatment of

Tuberculosis in Correctional

Institutions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part J - Prevention, Diagnosis, and Treatment of Tuberculosis in

Correctional Institutions

-HEAD-

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

CORRECTIONAL INSTITUTIONS

-End-

-CITE-

42 USC Sec. 13911 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part J - Prevention, Diagnosis, and Treatment of Tuberculosis in

Correctional Institutions

-HEAD-

Sec. 13911. Prevention, diagnosis, and treatment of tuberculosis in

correctional institutions

-STATUTE-

(a) Guidelines

The Attorney General, in consultation with the Secretary of

Health and Human Services and the Director of the National

Institute of Corrections, shall develop and disseminate to

appropriate entities, including State, Indian tribal, and local

correctional institutions and the Immigration and Naturalization

Service, guidelines for the prevention, diagnosis, treatment, and

followup care of tuberculosis among inmates of correctional

institutions and persons held in holding facilities operated by or

under contract with the Immigration and Naturalization Service.

(b) Compliance

The Attorney General shall ensure that prisons in the Federal

prison system and holding facilities operated by or under contract

with the Immigration and Naturalization Service comply with the

guidelines described in subsection (a) of this section.

(1) In general

The Attorney General shall make grants to State, Indian tribal,

and local correction authorities and public health authorities to

assist in establishing and operating programs for the prevention,

diagnosis, treatment, and followup care of tuberculosis among

inmates of correctional institutions.

(2) Federal share

The Federal share of funding of a program funded with a grant

under paragraph (1) shall not exceed 50 percent.

(3) Authorization of appropriations

There are authorized to be appropriated to carry out this

section -

(A) $700,000 for fiscal year 1996;

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

(D) $1,100,000 for fiscal year 1999; and

(E) $1,200,000 for fiscal year 2000.

(d) Definitions

In this section -

"Indian tribe" means a tribe, band, pueblo, nation, or other

organized group or community of Indians, including an Alaska

Native village (as defined in or established under the Alaska

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

is recognized as eligible for the special programs and services

provided by the United States to Indians because of their status

as Indians.

"State" means a State, the District of Columbia, the

Commonwealth of Puerto Rico, the Commonwealth of the Northern

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

Virgin Islands.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 32201, Sept. 13, 1994, 108 Stat.

1901.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in subsec.

(d), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

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

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

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

43 and Tables.

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

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

under section 1551 of Title 8, Aliens and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

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

the comma.

-End-

-CITE-

42 USC Part K - Gang Resistance Education and Training 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part K - Gang Resistance Education and Training

-HEAD-

PART K - GANG RESISTANCE EDUCATION AND TRAINING

-End-

-CITE-

42 USC Sec. 13921 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part K - Gang Resistance Education and Training

-HEAD-

Sec. 13921. Gang Resistance Education and Training projects

-STATUTE-

(a) Establishment of projects

(1) In general

The Attorney General shall establish not less than 50 Gang

Resistance Education and Training (GREAT) projects, to be located

in communities across the country, in addition to the number of

projects currently funded.

(2) Selection of communities

Communities identified for such GREAT projects shall be

selected by the Attorney General on the basis of gang-related

activity in that particular community.

(3) Amount of assistance per project; allocation

The Attorney General shall make available not less than

$800,000 per project, subject to the availability of

appropriations, and such funds shall be allocated -

(A) 50 percent to the affected State and local law

enforcement and prevention organizations participating in such

projects; and

(B) 50 percent to the Bureau of Alcohol, Tobacco, Firearms,

and Explosives, Department of Justice for salaries, expenses,

and associated administrative costs for operating and

overseeing such projects.

(b) Authorization of appropriations

There is authorized to be appropriated to carry out this section

(1) $9,000,000 for fiscal year 1995;

(2) $7,200,000 for fiscal year 1996;

(3) $7,200,000 for fiscal year 1997;

(4) $7,200,000 for fiscal year 1998;

(5) $7,200,000 for fiscal year 1999; and

(6) $7,720,000 for fiscal year 2000.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 32401, Sept. 13, 1994, 108 Stat.

1902; Pub. L. 107-296, title XI, Sec. 1112(p), Nov. 25, 2002, 116

Stat. 2278.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296, Sec. 1112(p)(1), substituted

"Attorney General" for "Secretary of the Treasury" wherever

appearing.

Subsec. (a)(3)(B). Pub. L. 107-296, Sec. 1112(p)(2), substituted

"Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department

of Justice" for "Bureau of Alcohol, Tobacco and Firearms".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC SUBCHAPTER III - VIOLENCE AGAINST WOMEN 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

-HEAD-

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

-End-

-CITE-

42 USC Part A - Safe Streets for Women 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part A - Safe Streets for Women

-HEAD-

PART A - SAFE STREETS FOR WOMEN

-End-

-CITE-

42 USC subpart 1 - safety for women in public transit 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part A - Safe Streets for Women

subpart 1 - safety for women in public transit

-HEAD-

SUBPART 1 - SAFETY FOR WOMEN IN PUBLIC TRANSIT

-End-

-CITE-

42 USC Sec. 13931 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part A - Safe Streets for Women

subpart 1 - safety for women in public transit

-HEAD-

Sec. 13931. Grants for capital improvements to prevent crime in

public transportation

-STATUTE-

(a) General purpose

There is authorized to be appropriated not to exceed $10,000,000,

for the Secretary of Transportation (referred to in this section as

the "Secretary") to make capital grants for the prevention of crime

and to increase security in existing and future public

transportation systems. None of the provisions of this Act may be

construed to prohibit the financing of projects under this section

where law enforcement responsibilities are vested in a local public

body other than the grant applicant.

(b) Grants for lighting, camera surveillance, and security phones

(1) From the sums authorized for expenditure under this section

for crime prevention, the Secretary is authorized to make grants

and loans to States and local public bodies or agencies for the

purpose of increasing the safety of public transportation by -

(A) increasing lighting within or adjacent to public

transportation systems, including bus stops, subway stations,

parking lots, or garages;

(B) increasing camera surveillance of areas within and adjacent

to public transportation systems, including bus stops, subway

stations, parking lots, or garages;

or security personnel in areas within or adjacent to public

transportation systems, including bus stops, subway stations,

parking lots, or garages; or

(D) any other project intended to increase the security and

safety of existing or planned public transportation systems.

(2) From the sums authorized under this section, at least 75

percent shall be expended on projects of the type described in

subsection (b)(1)(A) and (B) of this section.

All grants under this section are contingent upon the filing of a

report with the Secretary and the Department of Justice, Office of

Victims of Crime, showing crime rates in or adjacent to public

transportation before, and for a 1-year period after, the capital

improvement. Statistics shall be compiled on the basis of the type

of crime, sex, race, ethnicity, language, and relationship of

victim to the offender.

(d) Increased Federal share

Notwithstanding any other provision of law, the Federal share

under this section for each capital improvement project that

enhances the safety and security of public transportation systems

and that is not required by law (including any other provision of

this Act) shall be 90 percent of the net project cost of the

project.

(e) Special grants for projects to study increasing security for

women

From the sums authorized under this section, the Secretary shall

provide grants and loans for the purpose of studying ways to reduce

violent crimes against women in public transit through better

design or operation of public transit systems.

(f) General requirements

All grants or loans provided under this section shall be subject

to the same terms, conditions, requirements, and provisions

applicable to grants and loans as specified in section 5321 of

title 49.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40131, Sept. 13, 1994, 108 Stat.

1916.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a) and (d), is Pub. L.

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

Control and Law Enforcement Act of 1994. For complete

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

out under section 13701 of this title and Tables.

-End-

-CITE-

42 USC subpart 2 - assistance to victims of sexual

assault 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part A - Safe Streets for Women

subpart 2 - assistance to victims of sexual assault

-HEAD-

SUBPART 2 - ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT

-End-

-CITE-

42 USC Sec. 13941 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part A - Safe Streets for Women

subpart 2 - assistance to victims of sexual assault

-HEAD-

Sec. 13941. Training programs

-STATUTE-

(a) In general

The Attorney General, after consultation with victim advocates

and individuals who have expertise in treating sex offenders, shall

establish criteria and develop training programs to assist

probation and parole officers and other personnel who work with

released sex offenders in the areas of -

(1) case management;

(2) supervision; and

(3) relapse prevention.

(b) Training programs

The Attorney General shall ensure, to the extent practicable,

that training programs developed under subsection (a) of this

section are available in geographically diverse locations

throughout the country.

There are authorized to be appropriated to carry out this section

(1) $1,000,000 for fiscal year 1996; and

(2) $1,000,000 for fiscal year 1997.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40152, Sept. 13, 1994, 108 Stat.

1920.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14071, 14214 of this

title.

-End-

-CITE-

42 USC Sec. 13942 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part A - Safe Streets for Women

subpart 2 - assistance to victims of sexual assault

-HEAD-

Sec. 13942. Confidentiality of communications between sexual

assault or domestic violence victims and their counselors

-STATUTE-

(a) Study and development of model legislation

The Attorney General shall -

(1) study and evaluate the manner in which the States have

taken measures to protect the confidentiality of communications

between sexual assault or domestic violence victims and their

therapists or trained counselors;

(2) develop model legislation that will provide the maximum

protection possible for the confidentiality of such

communications, within any applicable constitutional limits,

taking into account the following factors:

(A) the danger that counseling programs for victims of sexual

assault and domestic violence will be unable to achieve their

goal of helping victims recover from the trauma associated with

these crimes if there is no assurance that the records of the

counseling sessions will be kept confidential;

(B) consideration of the appropriateness of an absolute

privilege for communications between victims of sexual assault

or domestic violence and their therapists or trained

counselors, in light of the likelihood that such an absolute

privilege will provide the maximum guarantee of confidentiality

but also in light of the possibility that such an absolute

privilege may be held to violate the rights of criminal

defendants under the Federal or State constitutions by denying

them the opportunity to obtain exculpatory evidence and present

it at trial; and

confidential communications between victims of these crimes and

their counselors, short of an absolute privilege, are most

likely to ensure that the counseling programs will not be

undermined, and specifically whether no such disclosure should

be allowed unless, at a minimum, there has been a

particularized showing by a criminal defendant of a compelling

need for records of such communications, and adequate

procedural safeguards are in place to prevent unnecessary or

damaging disclosures; and

(3) prepare and disseminate to State authorities the findings

made and model legislation developed as a result of the study and

evaluation.

(b) Report and recommendations

Not later than the date that is 1 year after September 13, 1994,

the Attorney General shall report to the Congress -

(1) the findings of the study and the model legislation

required by this section; and

(2) recommendations based on the findings on the need for and

appropriateness of further action by the Federal Government.

The Judicial Conference of the United States shall evaluate and

report to Congress its views on whether the Federal Rules of

Evidence should be amended, and if so, how they should be amended,

to guarantee that the confidentiality of communications between

sexual assault victims and their therapists or trained counselors

will be adequately protected in Federal court proceedings.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40153, Sept. 13, 1994, 108 Stat.

1921.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in subsec. (c), are

set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

-End-

-CITE-

42 USC Sec. 13943 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part A - Safe Streets for Women

subpart 2 - assistance to victims of sexual assault

-HEAD-

Sec. 13943. Information programs

-STATUTE-

The Attorney General shall compile information regarding sex

offender treatment programs and ensure that information regarding

community treatment programs in the community into which a

convicted sex offender is released is made available to each person

serving a sentence of imprisonment in a Federal penal or

correctional institution for a commission of an offense under

chapter 109A of title 18 or for the commission of a similar

offense, including halfway houses and psychiatric institutions.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40154, Sept. 13, 1994, 108 Stat.

1922.)

-End-

-CITE-

42 USC Part B - Safe Homes for Women 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part B - Safe Homes for Women

-HEAD-

PART B - SAFE HOMES FOR WOMEN

-End-

-CITE-

42 USC subpart 1 - confidentiality for abused persons 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part B - Safe Homes for Women

subpart 1 - confidentiality for abused persons

-HEAD-

SUBPART 1 - CONFIDENTIALITY FOR ABUSED PERSONS

-End-

-CITE-

42 USC Sec. 13951 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part B - Safe Homes for Women

subpart 1 - confidentiality for abused persons

-HEAD-

Sec. 13951. Confidentiality of abused person's address

-STATUTE-

(a) Regulations

Not later than 90 days after September 13, 1994, the United

States Postal Service shall promulgate regulations to secure the

confidentiality of domestic violence shelters and abused persons'

addresses.

(b) Requirements

The regulations under subsection (a) of this section shall

require -

(1) in the case of an individual, the presentation to an

appropriate postal official of a valid, outstanding protection

order; and

(2) in the case of a domestic violence shelter, the

presentation to an appropriate postal authority of proof from a

State domestic violence coalition that meets the requirements of

section 10410 of this title verifying that the organization is a

domestic violence shelter.

The regulations under subsection (a) of this section shall not

prohibit the disclosure of addresses to State or Federal agencies

for legitimate law enforcement or other governmental purposes.

(d) Existing compilations

Compilations of addresses existing at the time at which order is

presented to an appropriate postal official shall be excluded from

the scope of the regulations under subsection (a) of this section.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40281, Sept. 13, 1994, 108 Stat.

1938.)

-End-

-CITE-

42 USC subpart 2 - data and research 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part B - Safe Homes for Women

subpart 2 - data and research

-HEAD-

SUBPART 2 - DATA AND RESEARCH

-End-

-CITE-

42 USC Sec. 13961 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part B - Safe Homes for Women

subpart 2 - data and research

-HEAD-

Sec. 13961. Research agenda

-STATUTE-

(a) Request for contract

The Attorney General shall request the National Academy of

Sciences, through its National Research Council, to enter into a

contract to develop a research agenda to increase the understanding

and control of violence against women, including rape and domestic

violence. In furtherance of the contract, the National Academy

shall convene a panel of nationally recognized experts on violence

against women, in the fields of law, medicine, criminal justice,

and direct services to victims and experts on domestic violence in

diverse, ethnic, social, and language minority communities and the

social sciences. In setting the agenda, the Academy shall focus

primarily on preventive, educative, social, and legal strategies,

including addressing the needs of underserved populations.

(b) Declination of request

If the National Academy of Sciences declines to conduct the study

and develop a research agenda, it shall recommend a nonprofit

private entity that is qualified to conduct such a study. In that

case, the Attorney General shall carry out subsection (a) of this

section through the nonprofit private entity recommended by the

Academy. In either case, whether the study is conducted by the

National Academy of Sciences or by the nonprofit group it

recommends, the funds for the contract shall be made available from

sums appropriated for the conduct of research by the National

Institute of Justice.

The Attorney General shall ensure that no later than 1 year after

September 13, 1994, the study required under subsection (a) of this

section is completed and a report describing the findings made is

submitted to the Committee on the Judiciary of the Senate and the

Committee on the Judiciary of the House of Representatives.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40291, Sept. 13, 1994, 108 Stat.

1939.)

-MISC1-

DEVELOPMENT OF RESEARCH AGENDA IDENTIFIED BY THE VIOLENCE AGAINST

WOMEN ACT OF 1994

Pub. L. 106-386, div. B, title IV, Sec. 1404, Oct. 28, 2000, 114

Stat. 1514, provided that:

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

"(1) direct the National Institute of Justice, in consultation

and coordination with the Bureau of Justice Statistics and the

National Academy of Sciences, through its National Research

Council, to develop a research agenda based on the

recommendations contained in the report entitled 'Understanding

Violence Against Women' of the National Academy of Sciences; and

"(2) not later than 1 year after the date of the enactment of

this Act [Oct. 28, 2000], in consultation with the Secretary of

the Department of Health and Human Services, submit to Congress a

report which shall include -

"(A) a description of the research agenda developed under

paragraph (1) and a plan to implement that agenda; and

"(B) recommendations for priorities in carrying out that

agenda to most effectively advance knowledge about and means by

which to prevent or reduce violence against women.

"(b) Authorization of Appropriations. - There are authorized to

be appropriated such sums as may be necessary to carry out this

section."

-End-

-CITE-

42 USC Sec. 13962 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part B - Safe Homes for Women

subpart 2 - data and research

-HEAD-

Sec. 13962. State databases

-STATUTE-

(a) In general

The Attorney General shall study and report to the States and to

Congress on how the States may collect centralized databases on the

incidence of sexual and domestic violence offenses within a State.

(b) Consultation

In conducting its study, the Attorney General shall consult

persons expert in the collection of criminal justice data, State

statistical administrators, law enforcement personnel, and

nonprofit nongovernmental agencies that provide direct services to

victims of domestic violence. The final report shall set forth the

views of the persons consulted on the recommendations.

The Attorney General shall ensure that no later than 1 year after

September 13, 1994, the study required under subsection (a) of this

section is completed and a report describing the findings made is

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

House of Representatives.

(d) Authorization of appropriations

There are authorized to be appropriated to carry out this section

$200,000 for fiscal year 1996.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40292, Sept. 13, 1994, 108 Stat.

1939.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 13963 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part B - Safe Homes for Women

subpart 2 - data and research

-HEAD-

Sec. 13963. Number and cost of injuries

-STATUTE-

(a) Study

The Secretary of Health and Human Services, acting through the

Centers for Disease Control Injury Control Division, shall conduct

a study to obtain a national projection of the incidence of

injuries resulting from domestic violence, the cost of injuries to

health care facilities, and recommend health care strategies for

reducing the incidence and cost of such injuries.

(b) Authorization of appropriations

There are authorized to be appropriated to carry out this section

- $100,000 for fiscal year 1996.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40293, Sept. 13, 1994, 108 Stat.

1940.)

-CHANGE-

CHANGE OF NAME

Centers for Disease Control changed to Centers for Disease

Control and Prevention by Pub. L. 102-531, title III, Sec. 312,

Oct. 27, 1992, 106 Stat. 3504.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC subpart 3 - rural domestic violence and child

abuse enforcement 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part B - Safe Homes for Women

subpart 3 - rural domestic violence and child abuse enforcement

-HEAD-

SUBPART 3 - RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT

-End-

-CITE-

42 USC Sec. 13971 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part B - Safe Homes for Women

subpart 3 - rural domestic violence and child abuse enforcement

-HEAD-

Sec. 13971. Rural domestic violence and child abuse enforcement

assistance

-STATUTE-

(a) Grants

The Attorney General may make grants to States, Indian tribal

governments, and local governments of rural States, and to other

public or private entities of rural States -

(1) to implement, expand, and establish cooperative efforts and

projects between law enforcement officers, prosecutors, victim

advocacy groups, and other related parties to investigate and

prosecute incidents of domestic violence and dating violence (as

defined in section 3796gg-2 of this title) and child abuse;

(2) to provide treatment, counseling, and assistance to victims

of domestic violence and child abuse, including in immigration

matters; and

(3) to work in cooperation with the community to develop

education and prevention strategies directed toward such issues.

(b) Definitions

In this section -

"Indian tribe" means a tribe, band, pueblo, nation, or other

organized group or community of Indians, including an Alaska

Native village (as defined in or established under the Alaska

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

is recognized as eligible for the special programs and services

provided by the United States to Indians because of their status

as Indians.

"rural State" has the meaning stated in section 3796bb(b) of

this title.

(1) In general

There is authorized to be appropriated to carry out this

section $40,000,000 for each of fiscal years 2001 through 2005.

(2) Additional funding

In addition to funds received under a grant under subsection

(a) of this section, a law enforcement agency may use funds

received under a grant under section 103 (!2) to accomplish the

objectives of this section.

(3) Allotment for Indian tribes

Not less than 5 percent of the total amount made available to

carry out this section for each fiscal year shall be available

for grants to Indian tribal governments.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40295, Sept. 13, 1994, 108 Stat.

1940; Pub. L. 106-386, div. B, title I, Secs. 1105, 1109(d), title

V, Sec. 1512(c), Oct. 28, 2000, 114 Stat. 1497, 1503, 1533.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in subsec.

(b), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

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

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

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

43 and Tables.

Section 103, referred to in subsec. (c)(2), probably was intended

to be a reference to "section 10003", meaning section 10003 of Pub.

L. 103-322, title I, Sept. 13, 1994, 108 Stat. 1807, which enacted

subchapter XII-E (Sec. 3796dd et seq.) of chapter 46 of this title

and amended sections 3793 and 3797 of this title.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(1). Pub. L. 106-386, Sec. 1109(d)(1), inserted

"and dating violence (as defined in section 3796gg-2 of this

title)" after "domestic violence".

Subsec. (a)(2). Pub. L. 106-386, Sec. 1512(c), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "to

provide treatment and counseling to victims of domestic violence

and dating violence (as defined in section 3796gg-2 of this title)

and child abuse; and".

Pub. L. 106-386, Sec. 1109(d)(2), inserted "and dating violence

(as defined in section 3796gg-2 of this title)" after "domestic

violence".

Subsec. (c)(1). Pub. L. 106-386, Sec. 1105(1), added par. (1) and

struck out heading and text of former par. (1). Text read as

follows: "There are authorized to be appropriated to carry out this

section -

"(A) $7,000,000 for fiscal year 1996;

"(B) $8,000,000 for fiscal year 1997; and

"(C) $15,000,000 for fiscal year 1998."

Subsec. (c)(3). Pub. L. 106-386, Sec. 1105(2), added par. (3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

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

the comma.

(!2) See References in Text note below.

-End-

-CITE-

42 USC Part C - Civil Rights for Women 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part C - Civil Rights for Women

-HEAD-

PART C - CIVIL RIGHTS FOR WOMEN

-End-

-CITE-

42 USC Sec. 13981 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part C - Civil Rights for Women

-HEAD-

Sec. 13981. Civil rights

-STATUTE-

(a) Purpose

Pursuant to the affirmative power of Congress to enact this part

under section 5 of the Fourteenth Amendment to the Constitution, as

well as under section 8 of Article I of the Constitution, it is the

purpose of this part to protect the civil rights of victims of

gender motivated violence and to promote public safety, health, and

activities affecting interstate commerce by establishing a Federal

civil rights cause of action for victims of crimes of violence

motivated by gender.

(b) Right to be free from crimes of violence

All persons within the United States shall have the right to be

free from crimes of violence motivated by gender (as defined in

subsection (d) of this section).

A person (including a person who acts under color of any statute,

ordinance, regulation, custom, or usage of any State) who commits a

crime of violence motivated by gender and thus deprives another of

the right declared in subsection (b) of this section shall be

liable to the party injured, in an action for the recovery of

compensatory and punitive damages, injunctive and declaratory

relief, and such other relief as a court may deem appropriate.

(d) Definitions

For purposes of this section -

(1) the term "crime of violence motivated by gender" means a

crime of violence committed because of gender or on the basis of

gender, and due, at least in part, to an animus based on the

victim's gender; and

(2) the term "crime of violence" means - (!1)

(A) an act or series of acts that would constitute a felony

against the person or that would constitute a felony against

property if the conduct presents a serious risk of physical

injury to another, and that would come within the meaning of

State or Federal offenses described in section 16 of title 18,

whether or not those acts have actually resulted in criminal

charges, prosecution, or conviction and whether or not those

acts were committed in the special maritime, territorial, or

prison jurisdiction of the United States; and

(B) includes an act or series of acts that would constitute a

felony described in subparagraph (A) but for the relationship

between the person who takes such action and the individual

against whom such action is taken.

(e) Limitation and procedures

(1) Limitation

Nothing in this section entitles a person to a cause of action

under subsection (c) of this section for random acts of violence

unrelated to gender or for acts that cannot be demonstrated, by a

preponderance of the evidence, to be motivated by gender (within

the meaning of subsection (d) of this section).

(2) No prior criminal action

Nothing in this section requires a prior criminal complaint,

prosecution, or conviction to establish the elements of a cause

of action under subsection (c) of this section.

(3) Concurrent jurisdiction

The Federal and State courts shall have concurrent jurisdiction

over actions brought pursuant to this part.

(4) Supplemental jurisdiction

Neither section 1367 of title 28 nor subsection (c) of this

section shall be construed, by reason of a claim arising under

such subsection, to confer on the courts of the United States

jurisdiction over any State law claim seeking the establishment

of a divorce, alimony, equitable distribution of marital

property, or child custody decree.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40302, Sept. 13, 1994, 108 Stat.

1941.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in subsecs. (a) and (e)(3), was in the

original "this subtitle", meaning subtitle C of title IV of Pub. L.

103-322, Sept. 13, 1994, 108 Stat. 1941, which enacted this part,

amended section 1988 of this title and section 1445 of Title 28,

Judiciary and Judicial Procedure, and enacted provisions set out as

a note under section 13701 of this title. For complete

classification of this subtitle to the Code, see Short Title note

set out under section 13701 of this title and Tables.

-COD-

CODIFICATION

Section is comprised of section 40302 of Pub. L. 103-322. Subsec.

(e)(5) of section 40302 of Pub. L. 103-322 amended section 1445 of

Title 28, Judiciary and Judicial Procedure.

-MISC1-

SHORT TITLE

For short title of this part as the "Civil Rights Remedies for

Gender-Motivated Violence Act", see section 40301 of Pub. L.

103-322, set out as a note under section 13701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1988 of this title; title

28 section 1445.

-FOOTNOTE-

(!1) So in original. The word "means" probably should appear

after "(A)" below.

-End-

-CITE-

42 USC Part D - Equal Justice for Women in Courts 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part D - Equal Justice for Women in Courts

-HEAD-

PART D - EQUAL JUSTICE FOR WOMEN IN COURTS

-End-

-CITE-

42 USC subpart 1 - education and training for judges and

court personnel in state courts 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part D - Equal Justice for Women in Courts

subpart 1 - education and training for judges and court personnel in

state courts

-HEAD-

SUBPART 1 - EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL

IN STATE COURTS

-End-

-CITE-

42 USC Sec. 13991 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part D - Equal Justice for Women in Courts

subpart 1 - education and training for judges and court personnel in

state courts

-HEAD-

Sec. 13991. Grants authorized

-STATUTE-

The State Justice Institute may award grants for the purpose of

developing, testing, presenting, and disseminating model programs

to be used by States (as defined in section 10701 of this title) in

training judges and court personnel in the laws of the States and

by Indian tribes in training tribal judges and court personnel in

the laws of the tribes on rape, sexual assault, domestic violence,

dating violence, and other crimes of violence motivated by the

victim's gender. Nothing shall preclude the attendance of tribal

judges and court personnel at programs funded under this section

for States to train judges and court personnel on the laws of the

States.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40411, Sept. 13, 1994, 108 Stat.

1942; Pub. L. 106-386, div. B, title IV, Sec. 1406(c)(2), (d)(1),

Oct. 28, 2000, 114 Stat. 1516.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-386 inserted "dating violence," after

"domestic violence," and "Nothing shall preclude the attendance of

tribal judges and court personnel at programs funded under this

section for States to train judges and court personnel on the laws

of the States." at end.

SHORT TITLE

For short title of this part as the "Equal Justice for Women in

the Courts Act of 1994", see section 40401 of Pub. L. 103-322, set

out as a note under section 13701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 13992 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part D - Equal Justice for Women in Courts

subpart 1 - education and training for judges and court personnel in

state courts

-HEAD-

Sec. 13992. Training provided by grants

-STATUTE-

Training provided pursuant to grants made under this part may

include current information, existing studies, or current data on -

(1) the nature and incidence of rape and sexual assault by

strangers and nonstrangers, marital rape, and incest;

(2) the underreporting of rape, sexual assault, and child

sexual abuse;

(3) the physical, psychological, and economic impact of rape

and sexual assault on the victim, the costs to society, and the

implications for sentencing;

(4) the psychology of sex offenders, their high rate of

recidivism, and the implications for sentencing;

(5) the historical evolution of laws and attitudes on rape and

sexual assault;

(6) sex stereotyping of female and male victims of rape and

sexual assault, racial stereotyping of rape victims and

defendants, and the impact of such stereotypes on credibility of

witnesses, sentencing, and other aspects of the administration of

justice;

(7) application of rape shield laws and other limits on

introduction of evidence that may subject victims to improper sex

stereotyping and harassment in both rape and nonrape cases,

including the need for sua sponte judicial intervention in

inappropriate cross-examination;

(8) the use of expert witness testimony on rape trauma

syndrome, child sexual abuse accommodation syndrome,

post-traumatic stress syndrome, and similar issues;

(9) the legitimate reasons why victims of rape, sexual assault,

and incest may refuse to testify against a defendant;

(10) the nature and incidence of domestic violence and dating

violence (as defined in section 3796gg-2 of this title);

(11) the physical, psychological, and economic impact of

domestic violence and dating violence on the victim, the costs to

society, and the implications for court procedures and

sentencing;

(12) the psychology and self-presentation of batterers and

victims and the implications for court proceedings and

credibility of witnesses;

(13) sex stereotyping of female and male victims of domestic

violence and dating violence, myths about presence or absence of

domestic violence and dating violence in certain racial, ethnic,

religious, or socioeconomic groups, and their impact on the

administration of justice;

(14) historical evolution of laws and attitudes on domestic

violence;

(15) proper and improper interpretations of the defenses of

self-defense and provocation, and the use of expert witness

testimony on battered woman syndrome;

(16) the likelihood of retaliation, recidivism, and escalation

of violence by batterers, and the potential impact of

incarceration and other meaningful sanctions for acts of domestic

violence including violations of orders of protection;

(17) economic, psychological, social and institutional reasons

for victims' inability to leave the batterer, to report domestic

violence or dating violence or to follow through on complaints,

including the influence of lack of support from police, judges,

and court personnel, and the legitimate reasons why victims of

domestic violence or dating violence may refuse to testify

against a defendant;

(18) the need for orders of protection, and the implications of

mutual orders of protection, dual arrest policies, and mediation

in domestic violence and dating violence cases;

(19) recognition of and response to gender-motivated crimes of

violence other than rape, sexual assault and domestic violence,

such as mass or serial murder motivated by the gender of the

victims;

(20) the issues raised by domestic violence in determining

custody and visitation, including how to protect the safety of

the child and of a parent who is not a predominant aggressor of

domestic violence, the legitimate reasons parents may report

domestic violence, the ways domestic violence may relate to an

abuser's desire to seek custody, and evaluating expert testimony

in custody and visitation determinations involving domestic

violence;

(21) the issues raised by child sexual assault in determining

custody and visitation, including how to protect the safety of

the child, the legitimate reasons parents may report child sexual

assault, and evaluating expert testimony in custody and

visitation determinations involving child sexual assault,

including the current scientifically-accepted and empirically

valid research on child sexual assault; (!1)

(22) the extent to which addressing domestic violence and

victim safety contributes to the efficient administration of

justice; (!2)

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40412, Sept. 13, 1994, 108 Stat.

1943; Pub. L. 106-386, div. B, title IV, Sec. 1406(a)(1), (d)(2),

Oct. 28, 2000, 114 Stat. 1515, 1517.)

-MISC1-

AMENDMENTS

2000 - Par. (10). Pub. L. 106-386, Sec. 1406(d)(2)(A), inserted

"and dating violence (as defined in section 3796gg-2 of this

title)" before the semicolon.

Par. (11). Pub. L. 106-386, Sec. 1406(d)(2)(B), inserted "and

dating violence" after "domestic violence".

Par. (13). Pub. L. 106-386, Sec. 1406(d)(2)(C), inserted "and

dating violence" after "domestic violence" in two places.

Par. (17). Pub. L. 106-386, Sec. 1406(d)(2)(D), inserted "or

dating violence" after "domestic violence" in two places.

Par. (18). Pub. L. 106-386, Sec. 1406(d)(2)(E), inserted "and

dating violence" after "domestic violence".

Pars. (20) to (22). Pub. L. 106-386, Sec. 1406(a)(1), added pars.

(20) to (22).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14001, 14214 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "and".

(!2) So in original. The semicolon probably should be a period.

-End-

-CITE-

42 USC Sec. 13993 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part D - Equal Justice for Women in Courts

subpart 1 - education and training for judges and court personnel in

state courts

-HEAD-

Sec. 13993. Cooperation in developing programs in making grants

under this part

-STATUTE-

The State Justice Institute shall ensure that model programs

carried out pursuant to grants made under this part are developed

with the participation of law enforcement officials, public and

private nonprofit victim advocates, including national, State,

tribal, and local domestic violence and sexual assault programs and

coalitions, legal experts, prosecutors, defense attorneys, and

recognized experts on gender bias in the courts.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40413, Sept. 13, 1994, 108 Stat.

1944; Pub. L. 106-386, div. B, title IV, Sec. 1406(c)(1), Oct. 28,

2000, 114 Stat. 1516.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-386 inserted ", including national, State,

tribal, and local domestic violence and sexual assault programs and

coalitions" after "victim advocates".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 13994 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part D - Equal Justice for Women in Courts

subpart 1 - education and training for judges and court personnel in

state courts

-HEAD-

Sec. 13994. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to carry out this subpart

$600,000 for fiscal year 1996 and $1,500,000 for each of the fiscal

years 2001 through 2005.

(b) Model programs

Of amounts appropriated under this section, the State Justice

Institute shall expend not less than 40 percent on model programs

regarding domestic violence and not less than 40 percent on model

programs regarding rape and sexual assault.

The State Justice Institute may use up to 5 percent of the funds

appropriated under this section for annually compiling and broadly

disseminating (including through electronic publication)

information about the use of funds and about the projects funded

under this section, including any evaluations of the projects and

information to enable the replication and adoption of the projects.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40414, Sept. 13, 1994, 108 Stat.

1944; Pub. L. 106-386, div. B, title IV, Sec. 1406(a)(2), (c)(3),

Oct. 28, 2000, 114 Stat. 1516.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-386, Sec. 1406(a)(2), inserted

"and $1,500,000 for each of the fiscal years 2001 through 2005"

after "1996".

Subsec. (c). Pub. L. 106-386, Sec. 1406(c)(3), added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC subpart 2 - education and training for judges and

court personnel in federal courts 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part D - Equal Justice for Women in Courts

subpart 2 - education and training for judges and court personnel in

federal courts

-HEAD-

SUBPART 2 - EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL

IN FEDERAL COURTS

-End-

-CITE-

42 USC Sec. 14001 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part D - Equal Justice for Women in Courts

subpart 2 - education and training for judges and court personnel in

federal courts

-HEAD-

Sec. 14001. Authorization of circuit studies; education and

training grants

-STATUTE-

(a) Studies

In order to gain a better understanding of the nature and the

extent of gender bias in the Federal courts, the circuit judicial

councils are encouraged to conduct studies of the instances, if

any, of gender bias in their respective circuits and to implement

recommended reforms.

(b) Matters for examination

The studies under subsection (a) of this section may include an

examination of the effects of gender on -

(1) the treatment of litigants, witnesses, attorneys, jurors,

and judges in the courts, including before magistrate and

bankruptcy judges;

(2) the interpretation and application of the law, both civil

and criminal;

(3) treatment of defendants in criminal cases;

(4) treatment of victims of violent crimes in judicial

proceedings;

(5) sentencing;

(6) sentencing alternatives and the nature of supervision of

probation and parole;

(7) appointments to committees of the Judicial Conference and

the courts;

(8) case management and court sponsored alternative dispute

resolution programs;

(9) the selection, retention, promotion, and treatment of

employees;

(10) appointment of arbitrators, experts, and special masters;

(11) the admissibility of the victim's past sexual history in

civil and criminal cases; and

(12) the aspects of the topics listed in section 13992 of this

title that pertain to issues within the jurisdiction of the

Federal courts.

The Administrative Office of the United States Courts shall act

as a clearinghouse to disseminate any reports and materials issued

by the gender bias task forces under subsection (a) of this section

and to respond to requests for such reports and materials. The

gender bias task forces shall provide the Administrative Office of

the Courts of the United States (!1) with their reports and related

material.

(d) Continuing education and training programs

The Federal Judicial Center, in carrying out section 620(b)(3) of

title 28, shall include in the educational programs it prepares,

including the training programs for newly appointed judges,

information on the aspects of the topics listed in section 13992 of

this title that pertain to issues within the jurisdiction of the

Federal courts, and shall prepare materials necessary to implement

this subsection.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40421, Sept. 13, 1994, 108 Stat.

1944; Pub. L. 106-386, div. B, title IV, Sec. 1406(b)(1), Oct. 28,

2000, 114 Stat. 1516.)

-MISC1-

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-386 amended heading and text of

subsec. (d) generally, substituting provisions relating to

continuing education and training programs for provisions relating

to model programs.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14002, 14214 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "Administrative Office of

the United States Courts".

-End-

-CITE-

42 USC Sec. 14002 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part D - Equal Justice for Women in Courts

subpart 2 - education and training for judges and court personnel in

federal courts

-HEAD-

Sec. 14002. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated -

(1) to the Salaries and Expenses Account of the Courts of

Appeals, District Courts, and other Judicial Services to carry

out section 14001(a) of this title $500,000 for fiscal year 1996;

(2) to the Federal Judicial Center to carry out section

14001(d) of this title $100,000 for fiscal year 1996 and $500,000

for each of the fiscal years 2001 through 2005; and

(3) to the Administrative Office of the United States Courts to

carry out section 14001(c) of this title $100,000 for fiscal year

1996.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40422, Sept. 13, 1994, 108 Stat.

1945; Pub. L. 106-386, div. B, title IV, Sec. 1406(b)(2), Oct. 28,

2000, 114 Stat. 1516.)

-MISC1-

AMENDMENTS

2000 - Par. (2). Pub. L. 106-386 inserted "and $500,000 for each

of the fiscal years 2001 through 2005" after "1996".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Part E - Violence Against Women Act Improvements 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part E - Violence Against Women Act Improvements

-HEAD-

PART E - VIOLENCE AGAINST WOMEN ACT IMPROVEMENTS

-End-

-CITE-

42 USC Sec. 14011 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part E - Violence Against Women Act Improvements

-HEAD-

Sec. 14011. Payment of cost of testing for sexually transmitted

diseases

-STATUTE-

(a) Omitted

(b) Limited testing of defendants

(1) Court order

The victim of an offense of the type referred to in subsection

(a) (!1) of this section may obtain an order in the district

court of the United States for the district in which charges are

brought against the defendant charged with the offense, after

notice to the defendant and an opportunity to be heard, requiring

that the defendant be tested for the presence of the etiologic

agent for acquired immune deficiency syndrome, and that the

results of the test be communicated to the victim and the

defendant. Any test result of the defendant given to the victim

or the defendant must be accompanied by appropriate counseling.

(2) Showing required

To obtain an order under paragraph (1), the victim must

demonstrate that -

(A) the defendant has been charged with the offense in a

State or Federal court, and if the defendant has been arrested

without a warrant, a probable cause determination has been

made;

(B) the test for the etiologic agent for acquired immune

deficiency syndrome is requested by the victim after

appropriate counseling; and

health of the victim of the alleged offense and the court

determines that the alleged conduct of the defendant created a

risk of transmission, as determined by the Centers for Disease

Control, of the etiologic agent for acquired immune deficiency

syndrome to the victim.

(3) Follow-up testing

The court may order follow-up tests and counseling under

paragraph (1) if the initial test was negative. Such follow-up

tests and counseling shall be performed at the request of the

victim on dates that occur six months and twelve months following

the initial test.

(4) Termination of testing requirements

An order for follow-up testing under paragraph (3) shall be

terminated if the person obtains an acquittal on, or dismissal

of, all charges of the type referred to in subsection (a) (!1) of

this section.

(5) Confidentiality of test

The results of any test ordered under this subsection shall be

disclosed only to the victim or, where the court deems

appropriate, to the parent or legal guardian of the victim, and

to the person tested. The victim may disclose the test results

only to any medical professional, counselor, family member or

sexual partner(s) the victim may have had since the attack. Any

such individual to whom the test results are disclosed by the

victim shall maintain the confidentiality of such information.

(6) Disclosure of test results

The court shall issue an order to prohibit the disclosure by

the victim of the results of any test performed under this

subsection to anyone other than those mentioned in paragraph (5).

The contents of the court proceedings and test results pursuant

to this section shall be sealed. The results of such test

performed on the defendant under this section shall not be used

as evidence in any criminal trial.

(7) Contempt for disclosure

Any person who discloses the results of a test in violation of

this subsection may be held in contempt of court.

Not later than 6 months after September 13, 1994, the United

States Sentencing Commission shall conduct a study and prepare and

submit to the committees (!2) on the Judiciary of the Senate and

the House of Representatives a report concerning recommendations

for the revision of sentencing guidelines that relate to offenses

in which an HIV infected individual engages in sexual activity if

the individual knows that he or she is infected with HIV and

intends, through such sexual activity, to expose another to HIV.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40503, Sept. 13, 1994, 108 Stat.

1946; Pub. L. 104-294, title VI, Sec. 604(b)(1), Oct. 11, 1996, 110

Stat. 3506.)

-COD-

CODIFICATION

Section is comprised of section 40503 of Pub. L. 103-322. Subsec.

(a) of section 40503 of Pub. L. 103-322 amended section 10607 of

this title. Subsec. (c) of section 40503 of Pub. L. 103-322 also

enacted provisions listed in a table of provisions for review,

promulgation, or amendment of Federal sentencing guidelines

relating to specific offenses set out under section 994 of Title

28, Judiciary and Judicial Procedure.

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(3). Pub. L. 104-294 substituted "paragraph

(1)" for "paragraph (b)(1)".

-CHANGE-

CHANGE OF NAME

Centers for Disease Control changed to Centers for Disease

Control and Prevention by Pub. L. 102-531, title III, Sec. 312,

Oct. 27, 1992, 106 Stat. 3504.

-MISC2-

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of Title 18, Crimes and Criminal Procedure.

-FOOTNOTE-

(!1) See Codification note below.

(!2) So in original. Probably should be capitalized.

-End-

-CITE-

42 USC Sec. 14012 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part E - Violence Against Women Act Improvements

-HEAD-

Sec. 14012. National baseline study on campus sexual assault

-STATUTE-

(a) Study

The Attorney General, in consultation with the Secretary of

Education, shall provide for a national baseline study to examine

the scope of the problem of campus sexual assaults and the

effectiveness of institutional and legal policies in addressing

such crimes and protecting victims. The Attorney General may

utilize the Bureau of Justice Statistics, the National Institute of

Justice, and the Office for Victims of Crime in carrying out this

section.

(b) Report

Based on the study required by subsection (a) of this section and

data collected under the Student Right-To-Know and Campus Security

Act (20 U.S.C. 1001 note; Public Law 101-542) and amendments made

by that Act, the Attorney General shall prepare a report including

an analysis of -

(1) the number of reported allegations and estimated number of

unreported allegations of campus sexual assaults, and to whom the

allegations are reported (including authorities of the

educational institution, sexual assault victim service entities,

and local criminal authorities);

(2) the number of campus sexual assault allegations reported to

authorities of educational institutions which are reported to

criminal authorities;

(3) the number of campus sexual assault allegations that result

in criminal prosecution in comparison with the number of

non-campus sexual assault allegations that result in criminal

prosecution;

(4) Federal and State laws or regulations pertaining

specifically to campus sexual assaults;

(5) the adequacy of policies and practices of educational

institutions in addressing campus sexual assaults and protecting

victims, including consideration of -

(A) the security measures in effect at educational

institutions, such as utilization of campus police and security

guards, control over access to grounds and buildings,

supervision of student activities and student living

arrangements, control over the consumption of alcohol by

students, lighting, and the availability of escort services;

(B) the articulation and communication to students of the

institution's policies concerning sexual assaults;

reporting of campus sexual assaults to local criminal

authorities, or that may otherwise obstruct justice or

interfere with the prosecution of perpetrators of campus sexual

assaults;

(D) the nature and availability of victim services for

victims of campus sexual assaults;

(E) the ability of educational institutions' disciplinary

processes to address allegations of sexual assault adequately

and fairly;

(F) measures that are taken to ensure that victims are free

of unwanted contact with alleged assailants, and disciplinary

sanctions that are imposed when a sexual assault is determined

to have occurred; and

(G) the grounds on which educational institutions are subject

to lawsuits based on campus sexual assaults, the resolution of

these cases, and measures that can be taken to avoid the

likelihood of lawsuits and civil liability;

(6) in conjunction with the report produced by the Department

of Education in coordination with institutions of education under

the Student Right-To-Know and Campus Security Act (20 U.S.C. 1001

note; Public Law 101-542) and amendments made by that Act, an

assessment of the policies and practices of educational

institutions that are of greatest effectiveness in addressing

campus sexual assaults and protecting victims, including policies

and practices relating to the particular issues described in

paragraph (5); and

(7) any recommendations the Attorney General may have for

reforms to address campus sexual assaults and protect victims

more effectively, and any other matters that the Attorney General

deems relevant to the subject of the study and report required by

this section.

The report required by subsection (b) of this section shall be

submitted to the Congress no later than September 1, 1996.

(d) "Campus sexual assaults" defined

For purposes of this section, "campus sexual assaults" includes

sexual assaults occurring at institutions of postsecondary

education and sexual assaults committed against or by students or

employees of such institutions.

(e) Authorization of appropriations

There are authorized to be appropriated to carry out the study

required by this section - $200,000 for fiscal year 1996.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40506, Sept. 13, 1994, 108 Stat.

1948.)

-REFTEXT-

REFERENCES IN TEXT

The Student Right-To-Know and Campus Security Act, referred to in

subsec. (b), is Pub. L. 101-542, Nov. 8, 1990, 104 Stat. 2381, as

amended, which amended sections 1085, 1092, 1094, and 1232g of

Title 20, Education, and enacted provisions set out as notes under

sections 1001 and 1092 of Title 20. For complete classification of

this Act to the Code, see Short Title of 1990 Amendments note set

out under section 1001 of Title 20 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 14013 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part E - Violence Against Women Act Improvements

-HEAD-

Sec. 14013. Report on battered women's syndrome

-STATUTE-

(a) Report

Not less than 1 year after September 13, 1994, the Attorney

General and the Secretary of Health and Human Services shall

transmit to the House Committee on Energy and Commerce, the Senate

Committee on Labor and Human Resources, and the Committees on the

Judiciary of the Senate and the House of Representatives a report

on the medical and psychological basis of "battered women's

syndrome" and on the extent to which evidence of the syndrome has

been considered in criminal trials.

(b) Components

The report under subsection (a) of this section shall include -

(1) medical and psychological testimony on the validity of

battered women's syndrome as a psychological condition;

(2) a compilation of State, tribal, and Federal court cases in

which evidence of battered women's syndrome was offered in

criminal trials; and

(3) an assessment by State, tribal, and Federal judges,

prosecutors, and defense attorneys of the effects that evidence

of battered women's syndrome may have in criminal trials.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40507, Sept. 13, 1994, 108 Stat.

1949.)

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-End-

-CITE-

42 USC Sec. 14014 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part E - Violence Against Women Act Improvements

-HEAD-

Sec. 14014. Report on confidentiality of addresses for victims of

domestic violence

-STATUTE-

(a) Report

The Attorney General shall conduct a study of the means by which

abusive spouses may obtain information concerning the addresses or

locations of estranged or former spouses, notwithstanding the

desire of the victims to have such information withheld to avoid

further exposure to abuse. Based on the study, the Attorney General

shall transmit a report to Congress including -

(1) the findings of the study concerning the means by which

information concerning the addresses or locations of abused

spouses may be obtained by abusers; and

(2) analysis of the feasibility of creating effective means of

protecting the confidentiality of information concerning the

addresses and locations of abused spouses to protect such persons

from exposure to further abuse while preserving access to such

information for legitimate purposes.

(b) Use of components

The Attorney General may use the National Institute of Justice

and the Office for Victims of Crime in carrying out this section.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40508, Sept. 13, 1994, 108 Stat.

1950.)

-End-

-CITE-

42 USC Sec. 14015 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part E - Violence Against Women Act Improvements

-HEAD-

Sec. 14015. Report on recordkeeping relating to domestic violence

-STATUTE-

Not later than 1 year after September 13, 1994, the Attorney

General shall complete a study of, and shall submit to Congress a

report and recommendations on, problems of recordkeeping of

criminal complaints involving domestic violence. The study and

report shall examine -

(1) the efforts that have been made by the Department of

Justice, including the Federal Bureau of Investigation, to

collect statistics on domestic violence; and

(2) the feasibility of requiring that the relationship between

an offender and victim be reported in Federal records of crimes

of aggravated assault, rape, and other violent crimes.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40509, Sept. 13, 1994, 108 Stat.

1950.)

-End-

-CITE-

42 USC Sec. 14016 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part E - Violence Against Women Act Improvements

-HEAD-

Sec. 14016. Enforcement of statutory rape laws

-STATUTE-

(a) Sense of Senate

It is the sense of the Senate that States and local jurisdictions

should aggressively enforce statutory rape laws.

(b) Justice Department program on statutory rape

Not later than January 1, 1997, the Attorney General shall

establish and implement a program that -

(1) studies the linkage between statutory rape and teenage

pregnancy, particularly by predatory older men committing repeat

offenses; and

(2) educates State and local criminal law enforcement officials

on the prevention and prosecution of statutory rape, focusing in

particular on the commission of statutory rape by predatory older

men committing repeat offenses, and any links to teenage

pregnancy.

The Attorney General shall ensure that the Department of

Justice's Violence Against Women initiative addresses the issue of

statutory rape, particularly the commission of statutory rape by

predatory older men committing repeat offenses.

-SOURCE-

(Pub. L. 104-193, title IX, Sec. 906, Aug. 22, 1996, 110 Stat.

2349.)

-COD-

CODIFICATION

Section was enacted as part of the Personal Responsibility and

Work Opportunity Reconciliation Act of 1996, and not as part of the

Violent Crime Control and Law Enforcement Act of 1994 which enacted

this chapter.

-End-

-CITE-

42 USC Part F - National Stalker and Domestic Violence

Reduction 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part F - National Stalker and Domestic Violence Reduction

-HEAD-

PART F - NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION

-End-

-CITE-

42 USC Sec. 14031 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part F - National Stalker and Domestic Violence Reduction

-HEAD-

Sec. 14031. Grant program

-STATUTE-

(a) In general

The Attorney General is authorized to provide grants to States

and units of local government to improve and implement processes

for entering data regarding stalking and domestic violence into

local, State, and national crime information databases.

(b) Eligibility

To be eligible to receive a grant under subsection (a) of this

section, a State or unit of local government shall certify that it

has or intends to establish a program that enters into the National

Crime Information Center records of -

(1) warrants for the arrest of persons violating protection

orders intended to protect victims from stalking or domestic

violence;

(2) arrests or convictions of persons violating protection (!1)

or domestic violence; and

(3) protection orders for the protection of persons from

stalking or domestic violence.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40602, Sept. 13, 1994, 108 Stat.

1951; Pub. L. 106-386, div. B, title I, Sec. 1106(b), Oct. 28,

2000, 114 Stat. 1497.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-386 inserted "and implement"

after "improve".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

(!1) So in original. Probably should be followed by "orders intended

to protect victims from stalking".

-End-

-CITE-

42 USC Sec. 14032 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part F - National Stalker and Domestic Violence Reduction

-HEAD-

Sec. 14032. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated to carry out this part

$3,000,000 for each of fiscal years 2001 through 2005.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40603, Sept. 13, 1994, 108 Stat.

1951; Pub. L. 106-386, div. B, title I, Sec. 1106(a), Oct. 28,

2000, 114 Stat. 1497.)

-REFTEXT-

REFERENCES IN TEXT

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

subtitle", meaning subtitle F of title IV of Pub. L. 103-322, Sept.

13, 1994, 108 Stat. 1950, which enacted this part, amended section

534 of Title 28, Judiciary and Judicial Procedure, and enacted

provisions set out as a note under section 534 of Title 28.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-386 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows: "There are authorized to be appropriated to carry out this

part -

"(1) $1,500,000 for fiscal year 1996;

"(2) $1,750,000 for fiscal year 1997; and

"(3) $2,750,000 for fiscal year 1998."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 14033 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part F - National Stalker and Domestic Violence Reduction

-HEAD-

Sec. 14033. Application requirements

-STATUTE-

An application for a grant under this part shall be submitted in

such form and manner, and contain such information, as the Attorney

General may prescribe. In addition, applications shall include

documentation showing -

(1) the need for grant funds and that State or local funding,

as the case may be, does not already cover these operations;

(2) intended use of the grant funds, including a plan of action

to increase record input; and

(3) an estimate of expected results from the use of the grant

funds.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40604, Sept. 13, 1994, 108 Stat.

1951.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 14034 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part F - National Stalker and Domestic Violence Reduction

-HEAD-

Sec. 14034. Disbursement

-STATUTE-

Not later than 90 days after the receipt of an application under

this part, the Attorney General shall either provide grant funds or

shall inform the applicant why grant funds are not being provided.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40605, Sept. 13, 1994, 108 Stat.

1952.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 14035 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part F - National Stalker and Domestic Violence Reduction

-HEAD-

Sec. 14035. Technical assistance, training, and evaluations

-STATUTE-

The Attorney General may provide technical assistance and

training in furtherance of the purposes of this part, and may

provide for the evaluation of programs that receive funds under

this part, in addition to any evaluation requirements that the

Attorney General may prescribe for grantees. The technical

assistance, training, and evaluations authorized by this section

may be carried out directly by the Attorney General, or through

contracts or other arrangements with other entities.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40606, Sept. 13, 1994, 108 Stat.

1952.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 14036 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part F - National Stalker and Domestic Violence Reduction

-HEAD-

Sec. 14036. Training programs for judges

-STATUTE-

The State Justice Institute, after consultation with nationally

recognized nonprofit organizations with expertise in stalking and

domestic violence cases, shall conduct training programs for State

(as defined in section 10701 (!1) of this title) and Indian tribal

judges to ensure that a judge issuing an order in a stalking or

domestic violence case has all available criminal history and other

information, whether from State or Federal sources.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40607, Sept. 13, 1994, 108 Stat.

1952.)

-REFTEXT-

REFERENCES IN TEXT

Section 10701 of this title, referred to in text, was in the

original "section 202 of the State Justice Institute Authorization

Act of 1984", and was translated as reading "section 202 of the

State Justice Institute Act of 1984", which is section 202 of Pub.

L. 98-620, to reflect the probable intent of Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 14037 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part F - National Stalker and Domestic Violence Reduction

-HEAD-

Sec. 14037. Recommendations on intrastate communication

-STATUTE-

The State Justice Institute, after consultation with nationally

recognized nonprofit associations with expertise in data sharing

among criminal justice agencies and familiarity with the issues

raised in stalking and domestic violence cases, shall recommend

proposals regarding how State courts may increase intrastate

communication between civil and criminal courts.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40608, Sept. 13, 1994, 108 Stat.

1952.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 14038 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part F - National Stalker and Domestic Violence Reduction

-HEAD-

Sec. 14038. Inclusion in National Incident-Based Reporting System

-STATUTE-

Not later than 2 years after September 13, 1994, the Attorney

General, in accordance with the States, shall compile data

regarding domestic violence and intimidation (including stalking)

as part of the National Incident-Based Reporting System (NIBRS).

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40609, Sept. 13, 1994, 108 Stat.

1952.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 14039 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part F - National Stalker and Domestic Violence Reduction

-HEAD-

Sec. 14039. Report to Congress

-STATUTE-

The Attorney General shall submit to the Congress an annual

report, beginning one year after September 13, 1994, that provides

information concerning the incidence of stalking and domestic

violence, and evaluates the effectiveness of State antistalking

efforts and legislation.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40610, Sept. 13, 1994, 108 Stat.

1952.)

-MISC1-

REPORT RELATING TO STALKING LAWS

Pub. L. 105-119, title I, Sec. 115(b)(2), Nov. 26, 1997, 111

Stat. 2467, provided that: "The Attorney General shall include in

an annual report under section 40610 of the Violent Crime Control

and Law Enforcement Act of 1994 (42 U.S.C. 14039) information

concerning existing or proposed State laws and penalties for

stalking crimes against children."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 14040 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part F - National Stalker and Domestic Violence Reduction

-HEAD-

Sec. 14040. Definitions

-STATUTE-

As used in this part -

(1) the term "national crime information databases" refers to

the National Crime Information Center and its incorporated

criminal history databases, including the Interstate

Identification Index; and

(2) the term "protection order" includes an injunction or any

other order issued for the purpose of preventing violent or

threatening acts or harassment against, or contact or

communication with or physical proximity to, another person,

including temporary and final orders issued by civil or criminal

courts (other than support or child custody orders) whether

obtained by filing an independent action or as a pendente lite

order in another proceeding so long as any civil order was issued

in response to a complaint, petition, or motion filed by or on

behalf of a person seeking protection.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40611, Sept. 13, 1994, 108 Stat.

1952.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Part G - Elder Abuse, Neglect, and Exploitation,

Including Domestic Violence and

Sexual Assault Against Older or

Disabled Individuals 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part G - Elder Abuse, Neglect, and Exploitation, Including Domestic

Violence and Sexual Assault Against Older or Disabled

Individuals

-HEAD-

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

VIOLENCE AND SEXUAL ASSAULT AGAINST OLDER OR DISABLED INDIVIDUALS

-COD-

CODIFICATION

This part was, in the original, subtitle H of title IV of Pub. L.

103-322, as added by Pub. L. 106-386, and has been redesignated as

part G of this subchapter for purposes of codification.

-End-

-CITE-

42 USC Sec. 14041 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part G - Elder Abuse, Neglect, and Exploitation, Including Domestic

Violence and Sexual Assault Against Older or Disabled

Individuals

-HEAD-

Sec. 14041. Definitions

-STATUTE-

In this part:

(1) In general

The terms "elder abuse, neglect, and exploitation", and "older

individual" have the meanings given the terms in section 3002 of

this title.

(2) Domestic violence

The term "domestic violence" has the meaning given such term by

section 3796gg-2 of this title.

(3) Sexual assault

The term "sexual assault" has the meaning given the term in

section 3796gg-2 of this title.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40801, as added Pub. L. 106-386,

div. B, title II, Sec. 1209(a), Oct. 28, 2000, 114 Stat. 1508.)

-End-

-CITE-

42 USC Sec. 14041a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part G - Elder Abuse, Neglect, and Exploitation, Including Domestic

Violence and Sexual Assault Against Older or Disabled

Individuals

-HEAD-

Sec. 14041a. Training programs for law enforcement officers

-STATUTE-

The Attorney General may make grants for training programs to

assist law enforcement officers, prosecutors, and relevant officers

of Federal, State, tribal, and local courts in recognizing,

addressing, investigating, and prosecuting instances of elder

abuse, neglect, and exploitation and violence against individuals

with disabilities, including domestic violence and sexual assault,

against older or disabled individuals.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40802, as added Pub. L. 106-386,

div. B, title II, Sec. 1209(a), Oct. 28, 2000, 114 Stat. 1509.)

-End-

-CITE-

42 USC Sec. 14041b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part G - Elder Abuse, Neglect, and Exploitation, Including Domestic

Violence and Sexual Assault Against Older or Disabled

Individuals

-HEAD-

Sec. 14041b. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this part

$5,000,000 for each of fiscal years 2001 through 2005.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40803, as added Pub. L. 106-386,

div. B, title II, Sec. 1209(a), Oct. 28, 2000, 114 Stat. 1509.)

-End-

-CITE-

42 USC Part H - Domestic Violence Task Force 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part H - Domestic Violence Task Force

-HEAD-

PART H - DOMESTIC VIOLENCE TASK FORCE

-COD-

CODIFICATION

This part was, in the original, subtitle I of title IV of Pub. L.

103-322, as added by Pub. L. 106-386, and has been redesignated as

part H of this subchapter for purposes of codification.

-End-

-CITE-

42 USC Sec. 14042 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

Part H - Domestic Violence Task Force

-HEAD-

Sec. 14042. Task force

-STATUTE-

(a) Establish

The Attorney General, in consultation with national nonprofit,

nongovernmental organizations whose primary expertise is in

domestic violence, shall establish a task force to coordinate

research on domestic violence and to report to Congress on any

overlapping or duplication of efforts on domestic violence issues.

The task force shall be comprised of representatives from all

Federal agencies that fund such research.

(b) Uses of funds

Funds appropriated under this section shall be used to -

(1) develop a coordinated strategy to strengthen research

focused on domestic violence education, prevention, and

intervention strategies;

(2) track and report all Federal research and expenditures on

domestic violence; and

(3) identify gaps and duplication of efforts in domestic

violence research and governmental expenditures on domestic

violence issues.

The Task Force shall report to Congress annually on its work

under subsection (b) of this section.

(d) Definition

For purposes of this section, the term "domestic violence" has

the meaning given such term by section 3796gg-2 of this title.

(e) Authorization of Appropriations

There is authorized to be appropriated to carry out this section

$500,000 for each of fiscal years 2001 through 2004.

-SOURCE-

(Pub. L. 103-322, title IV, Sec. 40901, as added Pub. L. 106-386,

div. B, title IV, Sec. 1407, Oct. 28, 2000, 114 Stat. 1517.)

-MISC1-

STUDY OF STATE LAWS REGARDING INSURANCE DISCRIMINATION AGAINST

VICTIMS OF VIOLENCE AGAINST WOMEN

Pub. L. 106-386, div. B, title II, Sec. 1206, Oct. 28, 2000, 114

Stat. 1507, provided that:

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

study to identify State laws that address discrimination against

victims of domestic violence and sexual assault related to issuance

or administration of insurance policies.

"(b) Report. - Not later than 1 year after the date of the

enactment of this Act [Oct. 28, 2000], the Attorney General shall

submit to Congress a report on the findings and recommendations of

the study required by subsection (a)."

STUDY OF WORKPLACE EFFECTS FROM VIOLENCE AGAINST WOMEN

Pub. L. 106-386, div. B, title II, Sec. 1207, Oct. 28, 2000, 114

Stat. 1507, provided that: "The Attorney General shall -

"(1) conduct a national survey of plans, programs, and

practices developed to assist employers and employees on

appropriate responses in the workplace related to victims of

domestic violence, stalking, or sexual assault; and

"(2) not later than 18 months after the date of the enactment

of this Act [Oct. 28, 2000], submit to Congress a report

describing the results of that survey, which report shall include

the recommendations of the Attorney General to assist employers

and employees affected in the workplace by incidents of domestic

violence, stalking, and sexual assault."

STUDY OF UNEMPLOYMENT COMPENSATION FOR VICTIMS OF VIOLENCE AGAINST

WOMEN

Pub. L. 106-386, div. B, title II, Sec. 1208, Oct. 28, 2000, 114

Stat. 1508, provided that: "The Secretary of Labor, in consultation

with the Attorney General, shall -

"(1) conduct a national study to identify State laws that

address the separation from employment of an employee due to

circumstances directly resulting from the experience of domestic

violence by the employee and circumstances governing that receipt

(or nonreceipt) by the employee of unemployment compensation

based on such separation; and

"(2) not later than 1 year after the date of the enactment of

this Act [Oct. 28, 2000], submit to Congress a report describing

the results of that study, together with any recommendations

based on that study."

-CROSS-

DEFINITIONS OF TERMS IN PUB. L. 106-386

For definitions of "domestic violence" and "sexual assault" as

used in sections 1206, 1207, and 1208 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.

-End-

-CITE-

42 USC SUBCHAPTER IV - DRUG CONTROL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IV - DRUG CONTROL

-HEAD-

SUBCHAPTER IV - DRUG CONTROL

-End-

-CITE-

42 USC Sec. 14051 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IV - DRUG CONTROL

-HEAD-

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

zones

-STATUTE-

Pursuant to its authority under section 994 of title 28, the

United States Sentencing Commission shall amend its sentencing

guidelines to provide an appropriate enhancement for a defendant

convicted of violating section 860 of title 21.

-SOURCE-

(Pub. L. 103-322, title IX, Sec. 90102, Sept. 13, 1994, 108 Stat.

1987.)

-COD-

CODIFICATION

Section is comprised of section 90102 of Pub. L. 103-322 which is

also listed in a table of provisions for review, promulgation, or

amendment of Federal sentencing guidelines relating to specific

offenses set out under section 994 of Title 28, Judiciary and

Judicial Procedure.

-End-

-CITE-

42 USC Sec. 14052 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IV - DRUG CONTROL

-HEAD-

Sec. 14052. Enhanced penalties for illegal drug use in Federal

prisons and for smuggling drugs into Federal prisons

-STATUTE-

(a) Declaration of policy

It is the policy of the Federal Government that the use or

distribution of illegal drugs in the Nation's Federal prisons will

not be tolerated and that such crimes shall be prosecuted to the

fullest extent of the law.

(b) Sentencing guidelines

Pursuant to its authority under section 994 of title 28, the

United States Sentencing Commission shall amend its sentencing

guidelines to appropriately enhance the penalty for a person

convicted of an offense -

(1) under section 844 of title 21 involving simple possession

of a controlled substance within a Federal prison or other

Federal detention facility; or

(2) under section 841(b) of title 21 involving the smuggling of

a controlled substance into a Federal prison or other Federal

detention facility or the distribution or intended distribution

of a controlled substance within a Federal prison or other

Federal detention facility.

Notwithstanding any other law, the court shall not sentence a

person convicted of an offense described in subsection (b) of this

section to probation.

-SOURCE-

(Pub. L. 103-322, title IX, Sec. 90103, Sept. 13, 1994, 108 Stat.

1987.)

-COD-

CODIFICATION

Section is comprised of section 90103 of Pub. L. 103-322. Subsec.

(b) of section 90103 of Pub. L. 103-322 is also listed in a table

of provisions for review, promulgation, or amendment of Federal

sentencing guidelines relating to specific offenses set out under

section 994 of Title 28, Judiciary and Judicial Procedure.

-End-

-CITE-

42 USC Sec. 14053 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IV - DRUG CONTROL

-HEAD-

Sec. 14053. Violent crime and drug emergency areas

-STATUTE-

(a) Definitions

In this section -

"major violent crime or drug-related emergency" means an

occasion or instance in which violent crime, drug smuggling, drug

trafficking, or drug abuse violence reaches such levels, as

determined by the President, that Federal assistance is needed to

supplement State and local efforts and capabilities to save

lives, and to protect property and public health and safety.

"State" means a State, the District of Columbia, the

Commonwealth of Puerto Rico, the United States Virgin Islands,

American Samoa, Guam, and the Northern Mariana Islands.

(b) Declaration of violent crime and drug emergency areas

If a major violent crime or drug-related emergency exists

throughout a State or a part of a State, the President may declare

the State or part of a State to be a violent crime or drug

emergency area and may take appropriate actions authorized by this

section.

(1) In general

A request for a declaration designating an area to be a violent

crime or drug emergency area shall be made, in writing, by the

chief executive officer of a State or local government,

respectively (or in the case of the District of Columbia, the

mayor), and shall be forwarded to the Attorney General in such

form as the Attorney General may by regulation require. One or

more cities, counties, States, or the District of Columbia may

submit a joint request for designation as a major violent crime

or drug emergency area under this subsection.

(2) Finding

A request made under paragraph (1) shall be based on a written

finding that the major violent crime or drug-related emergency is

of such severity and magnitude that Federal assistance is

necessary to ensure an effective response to save lives and to

protect property and public health and safety.

(d) Irrelevancy of population density

The President shall not limit declarations made under this

section to highly populated centers of violent crime or drug

trafficking, drug smuggling, or drug use, but shall also consider

applications from governments of less populated areas where the

magnitude and severity of such activities is beyond the capability

of the State or local government to respond.

(e) Requirements

As part of a request for a declaration under this section, and as

a prerequisite to Federal violent crime or drug emergency

assistance under this section, the chief executive officer of a

State or local government shall -

(1) take appropriate action under State or local law and

furnish information on the nature and amount of State and local

resources that have been or will be committed to alleviating the

major violent crime- or drug-related emergency;

(2) submit a detailed plan outlining that government's short-

and long-term plans to respond to the violent crime or drug

emergency, specifying the types and levels of Federal assistance

requested and including explicit goals (including quantitative

goals) and timetables; and

(3) specify how Federal assistance provided under this section

is intended to achieve those goals.

(f) Review period

The Attorney General shall review a request submitted pursuant to

this section, and the President shall decide whether to declare a

violent crime or drug emergency area, within 30 days after

receiving the request.

(g) Federal assistance

The President may -

(1) direct any Federal agency, with or without reimbursement,

to utilize its authorities and the resources granted to it under

Federal law (including personnel, equipment, supplies,

facilities, financial assistance, and managerial, technical, and

advisory services) in support of State and local assistance

efforts; and

(2) provide technical and advisory assistance, including

communications support and law enforcement-related intelligence

information.

(h) Duration of Federal assistance

(1) In general

Federal assistance under this section shall not be provided to

a violent crime or drug emergency area for more than 1 year.

(2) Extension

The chief executive officer of a jurisdiction may apply to the

President for an extension of assistance beyond 1 year. The

President may extend the provision of Federal assistance for not

more than an additional 180 days.

(i) Regulations

Not later than 120 days after September 13, 1994, the Attorney

General shall issue regulations to implement this section.

(j) No effect on existing authority

Nothing in this section shall diminish or detract from existing

authority possessed by the President or Attorney General.

-SOURCE-

(Pub. L. 103-322, title IX, Sec. 90107, Sept. 13, 1994, 108 Stat.

1988.)

-End-

-CITE-

42 USC SUBCHAPTER V - CRIMINAL STREET GANGS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER V - CRIMINAL STREET GANGS

-HEAD-

SUBCHAPTER V - CRIMINAL STREET GANGS

-End-

-CITE-

42 USC Sec. 14061 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER V - CRIMINAL STREET GANGS

-HEAD-

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

assisted low-income housing

-STATUTE-

Grants authorized in this Act to reduce or prevent juvenile drug

and gang-related activity in "public housing" may be used for such

purposes in federally assisted, low-income housing.

-SOURCE-

(Pub. L. 103-322, title XV, Sec. 150007, Sept. 13, 1994, 108 Stat.

2035.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 103-322, Sept. 13,

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

Enforcement Act of 1994. For complete classification of this Act to

the Code, see Short Title note set out under section 13701 of this

title and Tables.

-End-

-CITE-

42 USC Sec. 14062 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER V - CRIMINAL STREET GANGS

-HEAD-

Sec. 14062. Gang investigation coordination and information

collection

-STATUTE-

(a) Coordination

The Attorney General (or the Attorney General's designee), in

consultation with the Secretary of the Treasury (or the Secretary's

designee), shall develop a national strategy to coordinate

gang-related investigations by Federal law enforcement agencies.

(b) Data collection

The Director of the Federal Bureau of Investigation shall acquire

and collect information on incidents of gang violence for inclusion

in an annual uniform crime report.

The Attorney General shall prepare a report on national gang

violence outlining the strategy developed under subsection (a) of

this section to be submitted to the President and Congress by

January 1, 1996.

(d) Authorization of appropriations

There are authorized to be appropriated to carry out this section

$1,000,000 for fiscal year 1996.

-SOURCE-

(Pub. L. 103-322, title XV, Sec. 150008, Sept. 13, 1994, 108 Stat.

2036.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC SUBCHAPTER VI - CRIMES AGAINST CHILDREN 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VI - CRIMES AGAINST CHILDREN

-HEAD-

SUBCHAPTER VI - CRIMES AGAINST CHILDREN

-End-

-CITE-

42 USC Sec. 14071 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VI - CRIMES AGAINST CHILDREN

-HEAD-

Sec. 14071. Jacob Wetterling Crimes Against Children and Sexually

Violent Offender Registration Program

-STATUTE-

(a) In general

(1) State guidelines

The Attorney General shall establish guidelines for State

programs that require -

(A) a person who is convicted of a criminal offense against a

victim who is a minor or who is convicted of a sexually violent

offense to register a current address for the time period

specified in subparagraph (A) of subsection (b)(6) of this

section; and

(B) a person who is a sexually violent predator to register a

current address unless such requirement is terminated under

subparagraph (B) of subsection (b)(6) of this section.

(2) Determination of sexually violent predator status; waiver;

alternative measures

(A) In general

A determination of whether a person is a sexually violent

predator for purposes of this section shall be made by a court

after considering the recommendation of a board composed of

experts in the behavior and treatment of sex offenders,

victims' rights advocates, and representatives of law

enforcement agencies.

(B) Waiver

The Attorney General may waive the requirements of

subparagraph (A) if the Attorney General determines that the

State has established alternative procedures or legal standards

for designating a person as a sexually violent predator.

The Attorney General may also approve alternative measures of

comparable or greater effectiveness in protecting the public

from unusually dangerous or recidivistic sexual offenders in

lieu of the specific measures set forth in this section

regarding sexually violent predators.

(3) Definitions

For purposes of this section:

(A) The term "criminal offense against a victim who is a

minor" means any criminal offense in a range of offenses

specified by State law which is comparable to or which exceeds

the following range of offenses:

(i) kidnapping of a minor, except by a parent;

(ii) false imprisonment of a minor, except by a parent;

(iii) criminal sexual conduct toward a minor;

(iv) solicitation of a minor to engage in sexual conduct;

(v) use of a minor in a sexual performance;

(vi) solicitation of a minor to practice prostitution;

(vii) any conduct that by its nature is a sexual offense

against a minor; or

(viii) an attempt to commit an offense described in any of

clauses (i) through (vii), if the State -

(I) makes such an attempt a criminal offense; and

(II) chooses to include such an offense in those which

are criminal offenses against a victim who is a minor for

the purposes of this section.

For purposes of this subparagraph conduct which is criminal

only because of the age of the victim shall not be considered a

criminal offense if the perpetrator is 18 years of age or

younger.

(B) The term "sexually violent offense" means any criminal

offense in a range of offenses specified by State law which is

comparable to or which exceeds the range of offenses

encompassed by aggravated sexual abuse or sexual abuse (as

described in sections 2241 and 2242 of title 18 or as described

in the State criminal code) or an offense that has as its

elements engaging in physical contact with another person with

intent to commit aggravated sexual abuse or sexual abuse (as

described in such sections of title 18 or as described in the

State criminal code).

has been convicted of a sexually violent offense and who

suffers from a mental abnormality or personality disorder that

makes the person likely to engage in predatory sexually violent

offenses.

(D) The term "mental abnormality" means a congenital or

acquired condition of a person that affects the emotional or

volitional capacity of the person in a manner that predisposes

that person to the commission of criminal sexual acts to a

degree that makes the person a menace to the health and safety

of other persons.

(E) The term "predatory" means an act directed at a stranger,

or a person with whom a relationship has been established or

promoted for the primary purpose of victimization.

(F) The term "employed, carries on a vocation" includes

employment that is full-time or part-time for a period of time

exceeding 14 days or for an aggregate period of time exceeding

30 days during any calendar year, whether financially

compensated, volunteered, or for the purpose of government or

educational benefit.

(G) The term "student" means a person who is enrolled on a

full-time or part-time basis, in any public or private

educational institution, including any secondary school, trade,

or professional institution, or institution of higher

education.

(b) Registration requirement upon release, parole, supervised

release, or probation

An approved State registration program established under this

section shall contain the following elements:

(1) Duties of responsible officials

(A) If a person who is required to register under this section

is released from prison, or placed on parole, supervised release,

or probation, a State prison officer, the court, or another

responsible officer or official, shall -

(i) inform the person of the duty to register and obtain the

information required for such registration;

(ii) inform the person that if the person changes residence

address, the person shall report the change of address as

provided by State law;

(iii) inform the person that if the person changes residence

to another State, the person shall report the change of address

as provided by State law and comply with any registration

requirement in the new State of residence, and inform the

person that the person must also register in a State where the

person is employed, carries on a vocation, or is a student;

(iv) obtain fingerprints and a photograph of the person if

these have not already been obtained in connection with the

offense that triggers registration; and

(v) require the person to read and sign a form stating that

the duty of the person to register under this section has been

explained.

(B) In addition to the requirements of subparagraph (A), for a

person required to register under subparagraph (B) of subsection

(a)(1) of this section, the State prison officer, the court, or

another responsible officer or official, as the case may be,

shall obtain the name of the person, identifying factors,

anticipated future residence, offense history, and documentation

of any treatment received for the mental abnormality or

personality disorder of the person.

(2) Transfer of information to State and FBI; participation in

national sex offender registry

(A) State reporting

State procedures shall ensure that the registration

information is promptly made available to a law enforcement

agency having jurisdiction where the person expects to reside

and entered into the appropriate State records or data system.

State procedures shall also ensure that conviction data and

fingerprints for persons required to register are promptly

transmitted to the Federal Bureau of Investigation.

(B) National reporting

A State shall participate in the national database

established under section 14072(b) of this title in accordance

with guidelines issued by the Attorney General, including

transmission of current address information and other

information on registrants to the extent provided by the

guidelines.

(3) Verification

(A) For a person required to register under subparagraph (A) of

subsection (a)(1) of this section, State procedures shall provide

for verification of address at least annually.

(B) The provisions of subparagraph (A) shall be applied to a

person required to register under subparagraph (B) of subsection

(a)(1) of this section, except that such person must verify the

registration every 90 days after the date of the initial release

or commencement of parole.

(4) Notification of local law enforcement agencies of changes in

address

A change of address by a person required to register under this

section shall be reported by the person in the manner provided by

State law. State procedures shall ensure that the updated address

information is promptly made available to a law enforcement

agency having jurisdiction where the person will reside and

entered into the appropriate State records or data system.

(5) Registration for change of address to another State

A person who has been convicted of an offense which requires

registration under this section and who moves to another State,

shall report the change of address to the responsible agency in

the State the person is leaving, and shall comply with any

registration requirement in the new State of residence. The

procedures of the State the person is leaving shall ensure that

notice is provided promptly to an agency responsible for

registration in the new State, if that State requires

registration.

(6) Length of registration

A person required to register under subsection (a)(1) of this

section shall continue to comply with this section, except during

ensuing periods of incarceration, until -

(A) 10 years have elapsed since the person was released from

prison or placed on parole, supervised release, or probation;

(B) for the life of that person if that person -

(i) has 1 or more prior convictions for an offense

described in subsection (a)(1)(A) of this section; or

(ii) has been convicted of an aggravated offense described

in subsection (a)(1)(A) of this section; or

(iii) has been determined to be a sexually violent predator

pursuant to subsection (a)(2) of this section.

(7) Registration of out-of-State offenders, Federal offenders,

persons sentenced by courts martial, and offenders crossing

State borders

As provided in guidelines issued by the Attorney General, each

State shall include in its registration program residents who

were convicted in another State and shall ensure that procedures

are in place to accept registration information from -

(A) residents who were convicted in another State, convicted

of a Federal offense, or sentenced by a court martial; and

(B) nonresident offenders who have crossed into another State

in order to work or attend school.

Any person who is required under this section to register in the

State in which such person resides shall also register in any State

in which the person is employed, carries on a vocation, or is a

student.

(d) Penalty

A person required to register under a State program established

pursuant to this section who knowingly fails to so register and

keep such registration current shall be subject to criminal

penalties in any State in which the person has so failed.

(e) Release of information

(1) The information collected under a State registration program

may be disclosed for any purpose permitted under the laws of the

State.

(2) The State or any agency authorized by the State shall release

relevant information that is necessary to protect the public

concerning a specific person required to register under this

section, except that the identity of a victim of an offense that

requires registration under this section shall not be released.

(f) Immunity for good faith conduct

Law enforcement agencies, employees of law enforcement agencies

and independent contractors acting at the direction of such

agencies, and State officials shall be immune from liability for

good faith conduct under this section.

(g) Compliance

(1) Compliance date

Each State shall have not more than 3 years from September 13,

1994, in which to implement this section, except that the

Attorney General may grant an additional 2 years to a State that

is making good faith efforts to implement this section.

(2) Ineligibility for funds

(A) A State that fails to implement the program as described in

this section shall not receive 10 percent of the funds that would

otherwise be allocated to the State under section 3756 of this

title.

(B) Reallocation of funds. - Any funds that are not allocated

for failure to comply with this section shall be reallocated to

States that comply with this section.

(h) Fingerprints

Each requirement to register under this section shall be deemed

to also require the submission of a set of fingerprints of the

person required to register, obtained in accordance with

regulations prescribed by the Attorney General under section

14072(h) of this title.

(i) Grants to States for costs of compliance

(1) Program authorized

(A) In general

The Director of the Bureau of Justice Assistance (in this

subsection referred to as the "Director") shall carry out a

program, which shall be known as the "Sex Offender Management

Assistance Program" (in this subsection referred to as the

"SOMA program"), under which the Director shall award a grant

to each eligible State to offset costs directly associated with

complying with this section.

(B) Uses of funds

Each grant awarded under this subsection shall be -

(i) distributed directly to the State for distribution to

State and local entities; and

(ii) used for training, salaries, equipment, materials, and

other costs directly associated with complying with this

section.

(2) Eligibility

(A) Application

To be eligible to receive a grant under this subsection, the

chief executive of a State shall, on an annual basis, submit to

the Director an application (in such form and containing such

information as the Director may reasonably require) assuring

that -

(i) the State complies with (or made a good faith effort to

comply with) this section; and

(ii) where applicable, the State has penalties comparable

to or greater than Federal penalties for crimes listed in

this section, except that the Director may waive the

requirement of this clause if a State demonstrates an

overriding need for assistance under this subsection.

(B) Regulations

(i) In general

Not later than 90 days after October 30, 1998, the Director

shall promulgate regulations to implement this subsection

(including the information that must be included and the

requirements that the States must meet) in submitting the

applications required under this subsection. In allocating

funds under this subsection, the Director may consider the

annual number of sex offenders registered in each eligible

State's monitoring and notification programs.

(ii) Certain training programs

Prior to implementing this subsection, the Director shall

study the feasibility of incorporating into the SOMA program

the activities of any technical assistance or training

program established as a result of section 13941 of this

title. In a case in which incorporating such activities into

the SOMA program will eliminate duplication of efforts or

administrative costs, the Director shall take administrative

actions, as allowable, and make recommendations to Congress

to incorporate such activities into the SOMA program prior to

implementing the SOMA program.

(3) Authorization of appropriations

There is authorized to be appropriated to carry out this

subsection, $25,000,000 for each of fiscal years 1999 and 2000.

(j) Notice of enrollment at or employment by institutions of higher

education

(1) Notice by offenders

(A) In general

In addition to any other requirements of this section, any

person who is required to register in a State shall provide

notice as required under State law -

(i) of each institution of higher education in that State

at which the person is employed, carries on a vocation, or is

a student; and

(ii) of each change in enrollment or employment status of

such person at an institution of higher education in that

State.

(B) Change in status

A change in status under subparagraph (A)(ii) shall be

reported by the person in the manner provided by State law.

State procedures shall ensure that the updated information is

promptly made available to a law enforcement agency having

jurisdiction where such institution is located and entered into

the appropriate State records or data system.

(2) State reporting

State procedures shall ensure that the registration information

collected under paragraph (1) -

(A) is promptly made available to a law enforcement agency

having jurisdiction where such institution is located; and

(B) entered into the appropriate State records or data

system.

(3) Request

Nothing in this subsection shall require an educational

institution to request such information from any State.

-SOURCE-

(Pub. L. 103-322, title XVII, Sec. 170101, Sept. 13, 1994, 108

Stat. 2038; Pub. L. 104-145, Sec. 2, May 17, 1996, 110 Stat. 1345;

Pub. L. 104-236, Secs. 3-7, Oct. 3, 1996, 110 Stat. 3096, 3097;

Pub. L. 105-119, title I, Sec. 115(a)(1)-(5), Nov. 26, 1997, 111

Stat. 2461-2463; Pub. L. 105-314, title VI, Sec. 607(a), Oct. 30,

1998, 112 Stat. 2985; Pub. L. 106-386, div. B, title VI, Sec.

1601(b)(1), Oct. 28, 2000, 114 Stat. 1537.)

-MISC1-

AMENDMENTS

2000 - Subsec. (j). Pub. L. 106-386 added subsec. (j).

1998 - Subsecs. (g), (h). Pub. L. 105-314, Sec. 607(a)(1), which

directed the amendment of this section by redesignating the second

subsection designated as subsection (g) as subsection (h), was

executed by redesignating subsec. (g), relating to fingerprints, as

(h) to reflect the probable intent of Congress.

Subsec. (i). Pub. L. 105-314, Sec. 607(a)(2), added subsec. (i).

1997 - Subsec. (a)(1)(A), (B). Pub. L. 105-119, Sec.

115(a)(1)(A), struck out "with a designated State law enforcement

agency" after "current address".

Subsec. (a)(2). Pub. L. 105-119, Sec. 115(a)(1)(B), added par.

(2) and struck out heading and text of former par. (2). Text read

as follows: "A determination that a person is a sexually violent

predator and a determination that a person is no longer a sexually

violent predator shall be made by the sentencing court after

receiving a report by a State board composed of experts in the

field of the behavior and treatment of sexual offenders, victim

rights advocates, and representatives from law enforcement

agencies."

Subsec. (a)(3)(A). Pub. L. 105-119, Sec. 115(a)(1)(C)(i),

substituted "in a range of offenses specified by State law which is

comparable to or which exceeds the following range of offenses:"

for "that consists of - " in introductory provisions.

Subsec. (a)(3)(B). Pub. L. 105-119, Sec. 115(a)(1)(C)(ii),

substituted "in a range of offenses specified by State law which is

comparable to or which exceeds the range of offenses encompassed

by" for "that consists of".

Subsec. (a)(3)(F), (G). Pub. L. 105-119, Sec. 115(a)(1)(D), added

subpars. (F) and (G).

Subsec. (b)(1). Pub. L. 105-119, Sec. 115(a)(2)(A)(i),

substituted "Duties of responsible officials" for "Duty of State

prison official or court" in heading.

Subsec. (b)(1)(A). Pub. L. 105-119, Sec. 115(a)(2)(A)(ii)(I),

substituted "the court, or another responsible officer or official"

for "or in the case of probation, the court" in introductory

provisions.

Subsec. (b)(1)(A)(ii). Pub. L. 105-119, Sec.

115(a)(2)(A)(ii)(II), substituted "report the change of address as

provided by State law" for "give the new address to a designated

State law enforcement agency in writing within 10 days".

Subsec. (b)(1)(A)(iii). Pub. L. 105-119, Sec.

115(a)(2)(A)(ii)(III), substituted "shall report the change of

address as provided by State law and comply with any registration

requirement in the new State of residence, and inform the person

that the person must also register in a State where the person is

employed, carries on a vocation, or is a student" for "shall

the person last registered, and the person is also required to

not later than 10 days after establishing residence in the new

State, if the new State has a registration requirement".

Subsec. (b)(1)(B). Pub. L. 105-119, Sec. 115(a)(2)(A)(iii),

substituted ", the court, or another responsible officer or

official" for "or the court".

Subsec. (b)(2). Pub. L. 105-119, Sec. 115(a)(2)(B), added par.

(2) and struck out heading and text of former par. (2). Text read

as follows: "The officer, or in the case of a person placed on

probation, the court, shall, within 3 days after receipt of

information described in paragraph (1), forward it to a designated

State law enforcement agency. The State law enforcement agency

shall immediately enter the information into the appropriate State

law enforcement record system and notify the appropriate law

enforcement agency having jurisdiction where the person expects to

reside. The State law enforcement agency shall also immediately

transmit all information described in paragraph (1) to the Federal

Bureau of Investigation for inclusion in the FBI database described

in section 14072 of this title."

Subsec. (b)(3)(A). Pub. L. 105-119, Sec. 115(a)(2)(C)(i), in

introductory provisions, substituted "State procedures shall

provide for verification of address at least annually." for "on

each anniversary of the person's initial registration date during

the period in which the person is required to register under this

section the following applies:".

Subsec. (b)(3)(A)(i) to (iv). Pub. L. 105-119, Sec.

115(a)(2)(C)(ii), which directed the amendment of par. (3)(A) by

striking out cls. (i) through (v), was executed by striking out

cls. (i) through (iv) to reflect the probable intent of Congress

because no cl. (v) had been enacted. Prior to amendment, cls. (i)

through (iv) read as follows:

"(i) The designated State law enforcement agency shall mail a

nonforwardable verification form to the last reported address of

the person.

"(ii) The person shall mail the verification form to the

designated State law enforcement agency within 10 days after

receipt of the form.

"(iii) The verification form shall be signed by the person, and

state that the person still resides at the address last reported to

the designated State law enforcement agency. The person shall

include with the verification form, fingerprints and a photograph

of that person.

"(iv) If the person fails to mail the verification form to the

designated State law enforcement agency within 10 days after

receipt of the form, the person shall be in violation of this

section unless the person proves that the person has not changed

the residence address."

Subsec. (b)(4). Pub. L. 105-119, Sec. 115(a)(2)(D), substituted

"section shall be reported by the person in the manner provided by

State law. State procedures shall ensure that the updated address

information is promptly made available to a law enforcement agency

having jurisdiction where the person will reside and entered into

the appropriate State records or data system" for "section reported

to the designated State law enforcement agency shall be immediately

reported to the appropriate law enforcement agency having

jurisdiction where the person is residing. The designated law

enforcement agency shall, if the person changes residence to

another State, notify the law enforcement agency with which the

person must register in the new State, if the new State has a

registration requirement".

Subsec. (b)(5). Pub. L. 105-119, Sec. 115(a)(2)(E), substituted

"and who moves to another State, shall report the change of address

to the responsible agency in the State the person is leaving, and

shall comply with any registration requirement in the new State of

residence. The procedures of the State the person is leaving shall

ensure that notice is provided promptly to an agency responsible

for registration in the new State, if that State requires

registration" for "shall register the new address with a designated

law enforcement agency in another State to which the person moves

not later than 10 days after such person establishes residence in

the new State, if the new State has a registration requirement".

Subsec. (b)(7). Pub. L. 105-119, Sec. 115(a)(2)(F), added par.

(7).

Subsec. (c). Pub. L. 105-119, Sec. 115(a)(3), added subsec. (c).

Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 105-119, Sec. 115(a)(3), redesignated

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

Subsec. (e). Pub. L. 105-119, Sec. 115(a)(3), (4), redesignated

subsec. (d) as (e) and in par. (2) substituted "The State or any

agency authorized by the State" for "The designated State law

enforcement agency and any local law enforcement agency authorized

by the State agency". Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 105-119, Sec. 115(a)(3), (5), redesignated

subsec. (e) as (f) and substituted "and independent contractors

acting at the direction of such agencies, and State officials" for

", and State officials". Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 105-119, Sec. 115(a)(3), redesignated

subsec. (f), relating to compliance, as (g).

1996 - Subsec. (a)(2). Pub. L. 104-236, Sec. 4, inserted before

period at end ", victim rights advocates, and representatives from

law enforcement agencies".

Subsec. (b)(2). Pub. L. 104-236, Sec. 7, amended heading and text

of par. (2) generally. Prior to amendment, text read as follows:

"The officer, or in the case of a person placed on probation, the

court, shall, within 3 days after receipt of information described

in paragraph (1), forward it to a designated State law enforcement

agency. The State law enforcement agency shall immediately enter

the information into the appropriate State law enforcement record

system and notify the appropriate law enforcement agency having

jurisdiction where the person expects to reside. The State law

enforcement agency shall also immediately transmit the conviction

data and fingerprints to the Federal Bureau of Investigation."

Subsec. (b)(3)(A)(iii). Pub. L. 104-236, Sec. 6, inserted at end

"The person shall include with the verification form, fingerprints

and a photograph of that person."

Subsec. (b)(6). Pub. L. 104-236, Sec. 3, amended heading and text

of par. (6) generally. Prior to amendment, text read as follows:

"(A) A person required to register under subparagraph (A) of

subsection (a)(1) of this section shall continue to comply with

this section until 10 years have elapsed since the person was

released from prison, placed on parole, supervised release, or

probation.

"(B) The requirement of a person to register under subparagraph

(B) of subsection (a)(1) of this section shall terminate upon a

determination, made in accordance with paragraph (2) of subsection

(a) of this section, that the person no longer suffers from a

mental abnormality or personality disorder that would make the

person likely to engage in a predatory sexually violent offense."

Subsec. (d). Pub. L. 104-145 amended heading and text of subsec.

(d) generally. Prior to amendment, text read as follows: "The

information collected under a State registration program shall be

treated as private data expect that -

"(1) such information may be disclosed to law enforcement

agencies for law enforcement purposes;

"(2) such information may be disclosed to government agencies

conducting confidential background checks; and

"(3) the designated State law enforcement agency and any local

law enforcement agency authorized by the State agency may release

relevant information that is necessary to protect the public

concerning a specific person required to register under this

section, except that the identity of a victim of an offense that

requires registration under this section shall not be released."

Subsec. (g). Pub. L. 104-236, Sec. 5, added subsec. (g).

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-386, div. B, title VI, Sec. 1601(b)(2), Oct. 28,

2000, 114 Stat. 1537, provided that: "The amendment made by this

subsection [amending this section] shall take effect 2 years after

the date of the enactment of this Act [Oct. 28, 2000]."

EFFECTIVE DATE OF 1997 AMENDMENT

Section 115(c) of Pub. L. 105-119 provided that: "This section

[amending this section, section 14072 of this title, and sections

3521, 3563, 3583, 4042, and 4209 of Title 18, Crimes and Criminal

Procedure, enacting provisions set out as notes under section 14039

of this title and section 951 of Title 10, Armed Forces, and

amending provisions set out as a note under this section] shall

take effect on the date of the enactment of this Act [Nov. 26,

1997], except that -

"(1) subparagraphs (A), (B), and (C) of subsection (a)(8)

[amending sections 3563, 3583, 4042, and 4209 of Title 18, Crimes

and Criminal Procedure, and enacting provisions set out as a note

under section 951 of Title 10, Armed Forces] shall take effect 1

year after the date of the enactment of this Act; and

"(2) States shall have 3 years from such date of enactment to

implement amendments made by this Act [probably should be "this

section"] which impose new requirements under the Jacob

Wetterling Crimes Against Children and Sexually Violent Offender

Registration Act [42 U.S.C. 14071 et seq.], and the Attorney

General may grant an additional 2 years to a State that is making

good faith efforts to implement these amendments."

EFFECTIVE DATE OF 1996 AMENDMENT

Section 10 of Pub. L. 104-236, as amended by Pub. L. 105-119,

title I, Sec. 115(a)(7), Nov. 26, 1997, 111 Stat. 2464, provided

that:

"(a) In General. - This Act [enacting sections 14072 and 14073 of

this title, amending this section, and enacting provisions set out

as notes under this section and section 13701 of this title] and

the amendments made by this Act shall become effective 1 year after

the date of enactment of this Act [Oct. 3, 1996].

"(b) Compliance by States. - Each State shall implement the

amendments made by sections 3, 4, 5, 6, and 7 of this Act [amending

this section] not later than 3 years after the date of enactment of

this Act, except that the Attorney General may grant an additional

2 years to a State that is making good faith efforts to implement

such amendments.

"(c) Ineligibility for Funds. -

"(1) A State that fails to implement the program as described

in sections 3, 4, 5, 6, and 7 of this Act [amending this section]

shall not receive 10 percent of the funds that would otherwise be

allocated to the State under section 506 of the Omnibus Crime

Control and Safe Streets Act of 1968 (42 U.S.C. 3756).

"(2) Any funds that are not allocated for failure to comply

with section 3, 4, 5, 6, or 7 of this Act shall be reallocated to

States that comply with these sections.

"(d) Effective Date. - States shall be allowed the time specified

in subsection (b) to establish minimally sufficient sexual offender

registration programs for purposes of the amendments made by

section 2 [enacting section 14072 of this title]. Subsections (c)

and (k) of section 170102 of the Violent Crime Control and Law

Enforcement Act of 1994 [42 U.S.C. 14072(c), (k)], and any

requirement to issue related regulations, shall take effect at the

conclusion of the time provided under this subsection for the

establishment of minimally sufficient sexual offender registration

programs."

REGULATIONS

Section 9 of Pub. L. 104-236 provided that: "Not later than 1

year after the date of enactment of this Act [Oct. 3, 1996], the

Attorney General shall issue regulations to carry out this Act [see

Effective Date of 1996 Amendment note above] and the amendments

made by this Act."

SEVERABILITY

Section 11 of Pub. L. 104-236 provided that: "If any provision of

this Act [see Effective Date of 1996 Amendment note above], an

amendment made by this Act, or the application of such provision or

amendment to any person or circumstance is held to be

unconstitutional, the remainder of this Act, the amendments made by

this Act, and the application of the provisions of such to any

person or circumstance shall not be affected thereby."

-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-

STUDY OF SEX OFFENDER MANAGEMENT ASSISTANCE PROGRAM

Pub. L. 105-314, title VI, Sec. 607(b), Oct. 30, 1998, 112 Stat.

2986, provided that: "Not later than March 1, 2000, the Director

shall conduct a study to assess the efficacy of the Sex Offender

Management Assistance Program under section 170101(i) of the

Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C.

14071(i)), as added by this section, and submit recommendations to

Congress."

STUDY OF HOTLINES

Pub. L. 105-314, title IX, Sec. 902, Oct. 30, 1998, 112 Stat.

2991, provided that:

"(a) In General. - Not later than 1 year after the date of the

enactment of this Act [Oct. 30, 1998], the Attorney General shall

conduct a study in accordance with subsection (b) and submit to

Congress a report on the results of that study.

"(b) Contents of Study. - The study under this section shall

include an examination of -

"(1) existing State programs for informing the public about the

presence of sexual predators released from prison, as required in

section 170101 of the Violent Crime Control and Law Enforcement

Act of 1994 (42 U.S.C. 14071), including the use of CD-ROMs,

Internet databases, and Sexual Offender Identification Hotlines,

such as those used in the State of California; and

"(2) the feasibility of establishing a national hotline for

parents to access a Federal Bureau of Investigation database that

tracks the location of convicted sexual predators established

under section 170102 of the Violent Crime Control and Law

Enforcement Act of 1994 (42 U.S.C. 14072) and, in determining

that feasibility, the Attorney General shall examine issues

including the cost, necessary changes to Federal and State laws

necessitated by the creation of such a hotline, consistency with

Federal and State case law pertaining to community notification,

and the need for, and accuracy and reliability of, the

information available through such a hotline."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14072 of this title; title

18 sections 3563, 3583; title 20 sections 1092, 1232g.

-End-

-CITE-

42 USC Sec. 14072 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VI - CRIMES AGAINST CHILDREN

-HEAD-

Sec. 14072. FBI database

-STATUTE-

(a) Definitions

For purposes of this section -

(1) the term "FBI" means the Federal Bureau of Investigation;

(2) the terms "criminal offense against a victim who is a

minor", "sexually violent offense", "sexually violent predator",

"mental abnormality", "predatory", "employed, carries on a

vocation", and "student" have the same meanings as in section

14071(a)(3) of this title; and

(3) the term "minimally sufficient sexual offender registration

program" means any State sexual offender registration program

that -

(A) requires the registration of each offender who is

convicted of an offense in a range of offenses specified by

State law which is comparable to or exceeds that described in

subparagraph (A) or (B) of section 14071(a)(1) of this title;

(B) participates in the national database established under

subsection (b) of this section in conformity with guidelines

issued by the Attorney General;

(!1)

(D) requires that each person who is required to register

under subparagraph (A) shall do so for a period of not less

than 10 years beginning on the date that such person was

released from prison or placed on parole, supervised release,

or probation.

(b) Establishment

The Attorney General shall establish a national database at the

Federal Bureau of Investigation to track the whereabouts and

movement of -

(1) each person who has been convicted of a criminal offense

against a victim who is a minor;

(2) each person who has been convicted of a sexually violent

offense; and

(3) each person who is a sexually violent predator.

Each person described in subsection (b) of this section who

resides in a State that has not established a minimally sufficient

sexual offender registration program shall register a current

address, fingerprints of that person, and a current photograph of

that person with the FBI for inclusion in the database established

under subsection (b) of this section for the time period specified

under subsection (d) of this section.

(d) Length of registration

A person described in subsection (b) of this section who is

required to register under subsection (c) of this section shall,

except during ensuing periods of incarceration, continue to comply

with this section -

(1) until 10 years after the date on which the person was

released from prison or placed on parole, supervised release, or

probation; or

(2) for the life of the person, if that person -

(A) has 2 or more convictions for an offense described in

subsection (b) of this section;

(B) has been convicted of aggravated sexual abuse, as defined

in section 2241 of title 18 or in a comparable provision of

State law; or

(e) Verification

(1) Persons convicted of an offense against a minor or a sexually

violent offense

In the case of a person required to register under subsection

the person is required to register under subsection (d) of this

section, verify the person's address in accordance with

guidelines that shall be promulgated by the Attorney General.

Such guidelines shall ensure that address verification is

accomplished with respect to these individuals and shall require

the submission of fingerprints and photographs of the individual.

(2) Sexually violent predators

Paragraph (1) shall apply to a person described in subsection

(b)(3) of this section, except that such person must verify the

registration once every 90 days after the date of the initial

release or commencement of parole of that person.

(f) Community notification

(1) In general

Subject to paragraph (2), the FBI may release relevant

information concerning a person required to register under

subsection (c) of this section that is necessary to protect the

public.

(2) Identity of victim

In no case shall the FBI release the identity of any victim of

an offense that requires registration by the offender with the

FBI.

(g) Notification of FBI of changes in residence

(1) Establishment of new residence

For purposes of this section, a person shall be deemed to have

established a new residence during any period in which that

person resides for not less than 10 days.

(2) Persons required to register with the FBI

Each establishment of a new residence, including the initial

establishment of a residence immediately following release from

prison, or placement on parole, supervised release, or probation,

by a person required to register under subsection (c) of this

section shall be reported to the FBI not later than 10 days after

that person establishes a new residence.

(3) Individual registration requirement

A person required to register under subsection (c) of this

section or under a State sexual offender offender (!2)

registration program, including a program established under

section 14071 of this title, who changes address to a State other

than the State in which the person resided at the time of the

immediately preceding registration shall, not later than 10 days

after that person establishes a new residence, register a current

address, fingerprints, and photograph of that person, for

inclusion in the appropriate database, with -

(A) the FBI; and

(B) the State in which the new residence is established.

(4) State registration requirement

Any time any State agency in a State with a minimally

sufficient sexual offender registration program, including a

program established under section 14071 of this title, is

notified of a change of address by a person required to register

under such program within or outside of such State, the State

shall notify -

(A) the law enforcement officials of the jurisdiction to

which, and the jurisdiction from which, the person has

relocated; and

(B) the FBI.

(5) Verification

(A) Notification of local law enforcement officials

The FBI shall ensure that State and local law enforcement

officials of the jurisdiction from which, and the State and

local law enforcement officials of the jurisdiction to which, a

person required to register under subsection (c) of this

section relocates are notified of the new residence of such

person.

(B) Notification of FBI

A State agency receiving notification under this subsection

shall notify the FBI of the new residence of the offender.

(i) State agencies

If a State agency cannot verify the address of or locate a

person required to register with a minimally sufficient

sexual offender registration program, including a program

established under section 14071 of this title, the State

shall immediately notify the FBI.

(ii) FBI

If the FBI cannot verify the address of or locate a person

required to register under subsection (c) of this section or

if the FBI receives notification from a State under clause

(i), the FBI shall -

(I) classify the person as being in violation of the

registration requirements of the national database; and

(II) add the name of the person to the National Crime

Information Center Wanted person file and create a wanted

persons record: Provided, That an arrest warrant which

meets the requirements for entry into the file is issued in

connection with the violation.

(h) Fingerprints

(1) FBI registration

For each person required to register under subsection (c) of

this section, fingerprints shall be obtained and verified by the

FBI or a local law enforcement official pursuant to regulations

issued by the Attorney General.

(2) State registration systems

In a State that has a minimally sufficient sexual offender

registration program, including a program established under

section 14071 of this title, fingerprints required to be

registered with the FBI under this section shall be obtained and

verified in accordance with State requirements. The State agency

responsible for registration shall ensure that the fingerprints

and all other information required to be registered is registered

with the FBI.

(i) Penalty

A person who is -

(1) required to register under paragraph (1), (2), or (3) of

subsection (g) of this section and knowingly fails to comply with

this section;

(2) required to register under a sexual offender registration

program in the person's State of residence and knowingly fails to

carries on a vocation, or is a student;

(3) described in section 4042(c)(4) of title 18, and knowingly

fails to register in any State in which the person resides, is

employed, carries on a vocation, or is a student following

release from prison or sentencing to probation; or

(4) sentenced by a court martial for conduct in a category

specified by the Secretary of Defense under section 115(a)(8)(C)

of title I of Public Law 105-119, and knowingly fails to register

in any State in which the person resides, is employed, carries on

a vocation, or is a student following release from prison or

sentencing to probation, shall, in the case of a first offense

under this subsection, be imprisoned for not more than 1 year

and, in the case of a second or subsequent offense under this

subsection, be imprisoned for not more than 10 years.

(j) Release of information

The information collected by the FBI under this section shall be

disclosed by the FBI -

(1) to Federal, State, and local criminal justice agencies for

(A) law enforcement purposes; and

(B) community notification in accordance with section

14071(d)(3) (!3) of this title; and

(2) to Federal, State, and local governmental agencies

responsible for conducting employment-related background checks

under section 5119a of this title.

(k) Notification upon release

Any State not having established a program described in

subsection (a)(3) of this section must -

(1) upon release from prison, or placement on parole,

supervised release, or probation, notify each offender who is

convicted of an offense described in subparagraph (A) or (B) of

section 14071(a)(1) of this title of their duty to register with

the FBI; and

(2) notify the FBI of the release of each offender who is

convicted of an offense described in subparagraph (A) or (B) of

section 14071(a)(1) of this title.

-SOURCE-

(Pub. L. 103-322, title XVII, Sec. 170102, as added Pub. L.

104-236, Sec. 2(a), Oct. 3, 1996, 110 Stat. 3093; amended Pub. L.

105-119, title I, Sec. 115(a)(6), Nov. 26, 1997, 111 Stat. 2463;

Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 123], Oct. 21,

1998, 112 Stat. 2681-50, 2681-72.)

-REFTEXT-

REFERENCES IN TEXT

Section 115(a)(8)(C) of title I of Public Law 105-119, referred

to in subsec. (i)(4), is set out as a note under section 951 of

Title 10, Armed Forces.

Section 14071(d)(3) of this title, referred to in subsec.

(j)(1)(B), was redesignated section 14071(e)(3) of this title by

Pub. L. 105-119, title I, Sec. 115(a)(3), Nov. 26, 1997, 111 Stat.

2463.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-277, Sec. 101(b) [title I,

Sec. 123(1)], struck out "or" after " 'employed,".

Subsec. (g)(3). Pub. L. 105-277, Sec. 101(b) [title I, Sec.

123(2)], substituted "State sexual offender" for "minimally

sufficient" in introductory provisions.

Subsec. (i). Pub. L. 105-277, Sec. 101(b) [title I, Sec. 123(3)],

amended heading and text of subsec. (i) generally. Prior to

amendment, text read as follows: "A person required to register

under paragraph (1), (2), or (3) of subsection (g) of this section

or pursuant to section 14071(b)(7) of this title who knowingly

fails to comply with this section shall -

"(1) in the case of a first offense -

"(A) if the person has been convicted of 1 offense described

in subsection (b) of this section, be fined not more than

$100,000; or

"(B) if the person has been convicted of more than 1 offense

described in subsection (b) of this section, be imprisoned for

up to 1 year and fined not more than $100,000; or

"(2) in the case of a second or subsequent offense, be

imprisoned for up to 10 years and fined not more than $100,000."

1997 - Subsec. (a)(2). Pub. L. 105-119, Sec. 115(a)(6)(A),

substituted " 'predatory', 'employed, or carries on a vocation',

and 'student' " for "and 'predatory' ".

Subsec. (a)(3)(A). Pub. L. 105-119, Sec. 115(a)(6)(B)(i),

inserted "in a range of offenses specified by State law which is

comparable to or exceeds that" before "described".

Subsec. (a)(3)(B). Pub. L. 105-119, Sec. 115(a)(6)(B)(ii),

amended subpar. (B) generally. Prior to amendment, subpar. (B) read

as follows: "requires that all information gathered under such

program be transmitted to the FBI in accordance with subsection (g)

of this section;".

Subsec. (a)(3)(C). Pub. L. 105-119, Sec. 115(a)(6)(B)(iii),

amended subpar. (C) generally. Prior to amendment, subpar. (C) read

as follows: "meets the requirements for verification under section

14071(b)(3) of this title; and".

Subsec. (i). Pub. L. 105-119, Sec. 115(a)(6)(C), inserted "or

pursuant to section 14071(b)(7) of this title" after "subsection

(g) of this section" in introductory provisions.

EFFECTIVE DATE

For effective date of section, see section 10 of Pub. L. 104-236,

as amended, set out as an Effective Date of 1996 Amendment note

under section 14071 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14071 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "and".

(!2) So in original.

(!3) See References in Text note below.

-End-

-CITE-

42 USC Sec. 14073 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VI - CRIMES AGAINST CHILDREN

-HEAD-

Sec. 14073. Immunity for good faith conduct

-STATUTE-

State and Federal law enforcement agencies, employees of State

and Federal law enforcement agencies, and State and Federal

officials shall be immune from liability for good faith conduct

under section 14072 (!1) of this title.

-SOURCE-

(Pub. L. 104-236, Sec. 8, Oct. 3, 1996, 110 Stat. 3097.)

-REFTEXT-

REFERENCES IN TEXT

Section 14072 of this title, referred to in text, was in the

original "section 170102", which was translated as meaning section

170102 of Pub. L. 103-322, as added by Pub. L. 104-236, to reflect

the probable intent of Congress. Pub. L. 104-236, which enacted

this section, contains no section 170102.

-COD-

CODIFICATION

Section was enacted as part of the Pam Lychner Sexual Offender

Tracking and Identification Act of 1996, and not as part of the

Violent Crime Control and Law Enforcement Act of 1994 which enacted

this chapter.

-MISC1-

EFFECTIVE DATE

Section effective one year after Oct. 3, 1996, see section 10(a)

of Pub. L. 104-236, set out as an Effective Date of 1996 Amendment

note under section 14071 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC SUBCHAPTER VII - RURAL CRIME 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VII - RURAL CRIME

-HEAD-

SUBCHAPTER VII - RURAL CRIME

-End-

-CITE-

42 USC Sec. 14081 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VII - RURAL CRIME

-HEAD-

Sec. 14081. Rural Crime and Drug Enforcement Task Forces

-STATUTE-

(a) Establishment

The Attorney General, in consultation with the Governors, mayors,

and chief executive officers of State and local law enforcement

agencies, may establish a Rural Crime and Drug Enforcement Task

Force in judicial districts that encompass significant rural lands.

Assets seized as a result of investigations initiated by a Rural

Crime and Drug Enforcement Task Force and forfeited under Federal

law shall be used, consistent with the guidelines on equitable

sharing established by the Attorney General and of the Secretary of

the Treasury, primarily to enhance the operations of the task force

and its participating State and local law enforcement agencies.

(b) Task force membership

The Task Forces (!1) established under subsection (a) of this

section shall be carried out under policies and procedures

established by the Attorney General. The Attorney General may

deputize State and local law enforcement officers and may

cross-designate up to 100 Federal law enforcement officers, when

necessary to undertake investigations pursuant to section 873(a) of

title 21 or offenses punishable by a term of imprisonment of 10

years or more under title 18. The task forces -

(1) shall include representatives from -

(A) State and local law enforcement agencies;

(B) the office of the United States Attorney for the judicial

district; and

Administration, the Immigration and Naturalization Service, and

the United States Marshals Service; and

(2) may include representatives of other Federal law

enforcement agencies, such as the United States Customs Service,

United States Park Police, United States Forest Service, Bureau

of Alcohol, Tobacco, and Firearms, and Bureau of Land Management.

-SOURCE-

(Pub. L. 103-322, title XVIII, Sec. 180102, Sept. 13, 1994, 108

Stat. 2045.)

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

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

the Bureau of Alcohol, Tobacco and Firearms, including the related

functions of the Secretary of the Treasury, to the Department of

Justice, see section 531(c) of Title 6, Domestic Security.

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.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

42 USC Sec. 14082 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VII - RURAL CRIME

-HEAD-

Sec. 14082. Rural drug enforcement training

-STATUTE-

(a) Specialized training for rural officers

The Director of the Federal Law Enforcement Training Center shall

develop a specialized course of instruction devoted to training law

enforcement officers from rural agencies in the investigation of

drug trafficking and related crimes.

(b) Authorization of appropriations

There are authorized to be appropriated to carry out subsection

(a) of this section -

(1) $1,000,000 for fiscal year 1996;

(2) $1,000,000 for fiscal year 1997;

(3) $1,000,000 for fiscal year 1998;

(4) $1,000,000 for fiscal year 1999; and

(5) $1,000,000 for fiscal year 2000.

-SOURCE-

(Pub. L. 103-322, title XVIII, Sec. 180103, Sept. 13, 1994, 108

Stat. 2046.)

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 14083 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VII - RURAL CRIME

-HEAD-

Sec. 14083. More agents for Drug Enforcement Administration

-STATUTE-

There are authorized to be appropriated for the hiring of

additional Drug Enforcement Administration agents -

(1) $12,000,000 for fiscal year 1996;

(2) $20,000,000 for fiscal year 1997;

(3) $30,000,000 for fiscal year 1998;

(4) $40,000,000 for fiscal year 1999; and

(5) $48,000,000 for fiscal year 2000.

-SOURCE-

(Pub. L. 103-322, title XVIII, Sec. 180104, Sept. 13, 1994, 108

Stat. 2046.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT

OFFICERS TRAINING AND EDUCATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

-HEAD-

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS

TRAINING AND EDUCATION

-End-

-CITE-

42 USC Part A - Police Corps 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part A - Police Corps

-HEAD-

PART A - POLICE CORPS

-End-

-CITE-

42 USC Sec. 14091 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part A - Police Corps

-HEAD-

Sec. 14091. Purposes

-STATUTE-

The purposes of this part are to -

(1) address violent crime by increasing the number of police

with advanced education and training on community patrol; and

(2) provide educational assistance to law enforcement personnel

and to students who possess a sincere interest in public service

in the form of law enforcement.

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200102, Sept. 13, 1994, 108 Stat.

2049.)

-MISC1-

SHORT TITLE

For short title of this part as the "Police Corps Act", see

section 200101 of Pub. L. 103-322, set out as a note under section

13701 of this title.

-End-

-CITE-

42 USC Sec. 14092 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part A - Police Corps

-HEAD-

Sec. 14092. Definitions

-STATUTE-

In this part -

"academic year" means a traditional academic year beginning in

August or September and ending in the following May or June.

"dependent child" means a natural or adopted child or stepchild

of a law enforcement officer who at the time of the officer's

death -

(A) was no more than 21 years old; or

(B) if older than 21 years, was in fact dependent on the

child's parents for at least one-half of the child's support

(excluding educational expenses), as determined by the

Director.

"Director" means the Director of the Office of the Police Corps

and Law Enforcement Education appointed under section 14093 (!1)

of this title.

"educational expenses" means expenses that are directly

attributable to a course of education leading to the award of

either a baccalaureate or graduate degree in a course of study

which, in the judgment of the State or local police force to

which the participant will be assigned, includes appropriate

preparation for police service including the cost of tuition,

fees, books, supplies, transportation, room and board and

miscellaneous expenses.

"institution of higher education" has the meaning stated in the

first sentence of section 1001 of title 20.

"participant" means a participant in the Police Corps program

selected pursuant to section 14095 (!2) of this title.

"State" means a State of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

American Samoa, Guam, and the Commonwealth of the Northern

Mariana Islands.

"State Police Corps program" means a State police corps program

that meets the requirements of section 14099 of this title.

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200103, Sept. 13, 1994, 108 Stat.

2049; Pub. L. 104-134, title I, Sec. 101[(a)] [title I, Sec. 121],

Apr. 26, 1996, 110 Stat. 1321, 1321-22; renumbered title I, Pub. L.

104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 105-244,

title I, Sec. 102(a)(13)(O), Oct. 7, 1998, 112 Stat. 1621.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-244 substituted "section 1001"

for "section 1141(a)" in par. defining "institution of higher

education".

1996 - Pub. L. 104-134 amended generally par. defining "education

expenses". Prior to amendment, par. read as follows: " 'educational

expenses' means expenses that are directly attributable to -

"(A) a course of education leading to the award of the

baccalaureate degree in legal- or criminal justice-related

studies; or

"(B) a course of graduate study legal or criminal justice

studies following award of a baccalaureate degree,

including the cost of tuition, fees, books, supplies,

transportation, room and board and miscellaneous expenses."

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.

-FOOTNOTE-

(!1) So in original. Section 14093 of this title does not provide

for the appointment of a Director.

(!2) So in original. Probably should be section "14096".

-End-

-CITE-

42 USC Sec. 14093 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part A - Police Corps

-HEAD-

Sec. 14093. Establishment of Office of the Police Corps and Law

Enforcement Education

-STATUTE-

There is established in the Department of Justice, under the

general authority of the Attorney General, an Office of the Police

Corps and Law Enforcement Education.

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200104, Sept. 13, 1994, 108 Stat.

2050.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14092, 14111 of this

title.

-End-

-CITE-

42 USC Sec. 14094 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part A - Police Corps

-HEAD-

Sec. 14094. Designation of lead agency and submission of State plan

-STATUTE-

(a) Lead agency

A State that desires to participate in the Police Corps program

under this part shall designate a lead agency that will be

responsible for -

(1) submitting to the Director a State plan described in

subsection (b) of this section; and

(2) administering the program in the State.

(b) State plans

A State plan shall -

(1) contain assurances that the lead agency shall work in

cooperation with the local law enforcement liaisons,

representatives of police labor organizations and police

management organizations, and other appropriate State and local

agencies to develop and implement interagency agreements designed

to carry out the program;

(2) contain assurances that the State shall advertise the

assistance available under this part;

(3) contain assurances that the State shall screen and select

law enforcement personnel for participation in the program; and

(4) meet the requirements of section 14099 of this title.

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200105, Sept. 13, 1994, 108 Stat.

2050.)

-End-

-CITE-

42 USC Sec. 14095 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part A - Police Corps

-HEAD-

Sec. 14095. Scholarship assistance

-STATUTE-

(a) Scholarships authorized

(1) The Director may award scholarships to participants who agree

to work in a State or local police force in accordance with

agreements entered into pursuant to subsection (d) of this section.

(2)(A) Except as provided in subparagraph (B), each scholarship

payment made under this section for each academic year shall not

exceed -

(i) $10,000; or

(ii) the cost of the educational expenses related to attending

an institution of higher education.

(B) In the case of a participant who is pursuing a course of

educational study during substantially an entire calendar year, the

amount of scholarship payments made during such year shall not

exceed $13,333.

one student under this section shall not exceed $40,000.

(3) Recipients of scholarship assistance under this section shall

continue to receive such scholarship payments only during such

periods as the Director finds that the recipient is maintaining

satisfactory progress as determined by the institution of higher

education the recipient is attending.

(4)(A) The Director shall make scholarship payments under this

section directly to the institution of higher education that the

student is attending.

(B) Each institution of higher education receiving a payment on

behalf of a participant pursuant to subparagraph (A) shall remit to

such student any funds in excess of the costs of tuition, fees, and

room and board payable to the institution.

(b) Reimbursement authorized

(1) The Director may make payments to a participant to reimburse

such participant for the costs of educational expenses if the

student agrees to work in a State or local police force in

accordance with the agreement entered into pursuant to subsection

(d) of this section.

(2)(A) Each payment made pursuant to paragraph (1) for each

academic year of study shall not exceed -

(i) $10,000; or

(ii) the cost of educational expenses related to attending an

institution of higher education.

(B) In the case of a participant who is pursuing a course of

educational study during substantially an entire calendar year, the

amount of scholarship payments made during such year shall not

exceed $13,333.

(A) to any 1 student shall not exceed $40,000.

Scholarships awarded under this subsection (!1) shall only be

used to attend a 4-year institution of higher education, except

that -

(1) scholarships may be used for graduate and professional

study; and

(2) if a participant has enrolled in the program upon or after

transfer to a 4-year institution of higher education, the

Director may reimburse the participant for the participant's

prior educational expenses.

(d) Agreement

(1)(A) Each participant receiving a scholarship or a payment

under this section shall enter into an agreement with the Director.

(B) An agreement under subparagraph (A) shall contain assurances

that the participant shall -

(i) after successful completion of a baccalaureate program and

training as prescribed in section 14097 of this title, work for 4

years in a State or local police force without there having

arisen sufficient cause for the participant's dismissal under the

rules applicable to members of the police force of which the

participant is a member;

(ii) complete satisfactorily -

(I) an educational course of study and receipt of a

baccalaureate degree (in the case of undergraduate study) or

the reward of credit to the participant for having completed

one or more graduate courses (in the case of graduate study);

and

(II) Police Corps training and certification by the Director

that the participant has met such performance standards as may

be established pursuant to section 14097 of this title; and

(iii) repay all of the scholarship or payment received plus

interest at the rate of 10 percent if the conditions of clauses

(i) and (ii) are not complied with.

(2)(A) A recipient of a scholarship or payment under this section

shall not be considered to be in violation of the agreement entered

into pursuant to paragraph (1) if the recipient -

(i) dies; or

(ii) becomes permanently and totally disabled as established by

the sworn affidavit of a qualified physician.

(B) If a scholarship recipient is unable to comply with the

repayment provision set forth in paragraph (1)(B)(ii) (!2) because

of a physical or emotional disability or for good cause as

determined by the Director, the Director may substitute community

service in a form prescribed by the Director for the required

repayment.

participant who violates an agreement described in paragraph (1).

(e) Dependent child

A dependent child of a law enforcement officer -

(1) who is a member of a State or local police force or is a

Federal criminal investigator or uniformed police officer,

(2) who is not a participant in the Police Corps program, but

(3) who serves in a State for which the Director has approved a

Police Corps plan, and

(4) who is killed in the course of performing police duties,

shall be entitled to the scholarship assistance authorized in this

section for any course of study in any accredited institution of

higher education. Such dependent child shall not incur any

repayment obligation in exchange for the scholarship assistance

provided in this section.

(f) Application

Each participant desiring a scholarship or payment under this

section shall submit an application as prescribed by the Director

in such manner and accompanied by such information as the Director

may reasonably require.

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200106, Sept. 13, 1994, 108 Stat.

2050; Pub. L. 107-273, div. C, title I, Sec. 11006(1), Nov. 2,

2002, 116 Stat. 1817.)

-MISC1-

AMENDMENTS

2002 - Subsecs. (a)(2), (b)(2). Pub. L. 107-273 substituted

"$10,000" for "$7,500" in subpar. (A)(i), "$13,333" for "$10,000"

in subpar. (B), and "$40,000" for "$30,000" in subpar. (C).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14098 of this title.

-FOOTNOTE-

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

(!2) So in original. Probably should be paragraph "(1)(B)(iii)".

-End-

-CITE-

42 USC Sec. 14096 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part A - Police Corps

-HEAD-

Sec. 14096. Selection of participants

-STATUTE-

(a) In general

Participants in State Police Corps programs shall be selected on

a competitive basis by each State under regulations prescribed by

the Director.

(b) Selection criteria and qualifications

(1) In order to participate in a State Police Corps program, a

participant shall -

(A) be a citizen of the United States or an alien lawfully

admitted for permanent residence in the United States;

(B) meet the requirements for admission as a trainee of the

State or local police force to which the participant will be

assigned pursuant to section 14099(5) of this title, including

achievement of satisfactory scores on any applicable examination,

except that failure to meet the age requirement for a trainee of

the State or local police shall not disqualify the applicant if

the applicant will be of sufficient age upon completing an

undergraduate course of study;

emotional characteristics to discharge effectively the duties of

a law enforcement officer;

(D) be of good character and demonstrate sincere motivation and

dedication to law enforcement and public service;

(E) in the case of an undergraduate, agree in writing that the

participant will complete an educational course of study leading

to the award of a baccalaureate degree and will then accept an

appointment and complete 4 years of service as an officer in the

State police or in a local police department within the State;

(F) in the case of a participant desiring to undertake or

continue graduate study, agree in writing that the participant

will accept an appointment and complete 4 years of service as an

officer in the State police or in a local police department

within the State before undertaking or continuing graduate study;

(G) contract, with the consent of the participant's parent or

guardian if the participant is a minor, to serve for 4 years as

an officer in the State police or in a local police department,

if an appointment is offered; and

(H) except as provided in paragraph (2), be without previous

law enforcement experience.

(2)(A) Until the date that is 5 years after September 13, 1994,

up to 10 percent of the applicants accepted into the Police Corps

program may be persons who -

(i) have had some law enforcement experience; and

(ii) have demonstrated special leadership potential and

dedication to law enforcement.

(B)(i) The prior period of law enforcement of a participant

selected pursuant to subparagraph (A) shall not be counted toward

satisfaction of the participant's 4-year service obligation under

section 14098 of this title, and such a participant shall be

subject to the same benefits and obligations under this part as

other participants, including those stated in section (!1)

(b)(1)(E) and (F) of this section.

(ii) Clause (i) shall not be construed to preclude counting a

participant's previous period of law enforcement experience for

purposes other than satisfaction of the requirements of section

14098 of this title, such as for purposes of determining such a

participant's pay and other benefits, rank, and tenure.

(3) It is the intent of this part that there shall be no more

than 20,000 participants in each graduating class. The Director

shall approve State plans providing in the aggregate for such

enrollment of applicants as shall assure, as nearly as possible,

annual graduating classes of 20,000. In a year in which

applications are received in a number greater than that which will

produce, in the judgment of the Director, a graduating class of

more than 20,000, the Director shall, in deciding which

applications to grant, give preference to those who will be

participating in State plans that provide law enforcement personnel

to areas of greatest need.

Each State participating in the Police Corps program shall make

special efforts to seek and recruit applicants from among members

of all racial, ethnic or gender groups. This subsection does not

authorize an exception from the competitive standards for admission

established pursuant to subsections (a) and (b) of this section.

(d) Enrollment of applicant

(1) An applicant shall be accepted into a State Police Corps

program on the condition that the applicant will be matriculated

in, or accepted for admission at, a 4-year institution of higher

education -

(A) as a full-time student in an undergraduate program; or

(B) for purposes of taking a graduate course.

(2) If the applicant is not matriculated or accepted as set forth

in paragraph (1), the applicant's acceptance in the program shall

be revoked.

(e) Leave of absence

(1) A participant in a State Police Corps program who requests a

leave of absence from educational study, training or service for a

period not to exceed 1 year (or 18 months in the aggregate in the

event of multiple requests) due to temporary physical or emotional

disability shall be granted such leave of absence by the State.

(2) A participant who requests a leave of absence from

educational study, training or service for a period not to exceed 1

year (or 18 months in the aggregate in the event of multiple

requests) for any reason other than those listed in paragraph (1)

may be granted such leave of absence by the State.

(3) A participant who requests a leave of absence from

educational study or training for a period not to exceed 30 months

to serve on an official church mission may be granted such leave of

absence.

(f) Admission of applicants

An applicant may be admitted into a State Police Corps program

either before commencement of or during the applicant's course of

educational study.

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200107, Sept. 13, 1994, 108 Stat.

2052.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14092, 14099 of this

title.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 14097 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part A - Police Corps

-HEAD-

Sec. 14097. Police Corps training

-STATUTE-

(a) In general

(1) The Director shall establish programs of training for Police

Corps participants. Such programs may be carried out at up to 3

training centers established for this purpose and administered by

the Director, or by contracting with existing State training

facilities. The Director shall contract with a State training

facility upon request of such facility if the Director determines

that such facility offers a course of training substantially

equivalent to the Police Corps training program described in this

part.

(2) The Director may enter into contracts with individuals,

institutions of learning, and government agencies (including State

and local police forces) to obtain the services of persons

qualified to participate in and contribute to the training process.

(3) The Director may enter into agreements with agencies of the

Federal Government to utilize on a reimbursable basis space in

Federal buildings and other resources.

(4) The Director may authorize such expenditures as are necessary

for the effective maintenance of the training centers, including

purchases of supplies, uniforms, and educational materials, and the

provision of subsistence, quarters, and medical care to

participants.

(b) Training sessions

A participant in a State Police Corps program shall attend up to

24 weeks, but no less than 16 weeks, of training at a training

center. The Director may approve training conducted in not more

than 3 separate sessions.

The Police Corps training authorized in this section is intended

to serve as basic law enforcement training but not to exclude

further training of participants by the State and local authorities

to which they will be assigned. Each State plan approved by the

Director under section 14099 (!1) of this title shall include

assurances that following completion of a participant's course of

education each participant shall receive appropriate additional

training by the State or local authority to which the participant

is assigned. The time spent by a participant in such additional

training, but not the time spent in Police Corps training, shall be

counted toward fulfillment of the participant's 4-year service

obligation.

(d) Course of training

The training sessions at training centers established under this

section shall be designed to provide basic law enforcement

training, including vigorous physical and mental training to teach

participants self-discipline and organizational loyalty and to

impart knowledge and understanding of legal processes and law

enforcement.

(e) Evaluation of participants

A participant shall be evaluated during training for mental,

physical, and emotional fitness, and shall be required to meet

performance standards prescribed by the Director at the conclusion

of each training session in order to remain in the Police Corps

program.

(f) Stipend

The Director shall pay participants in training sessions a

stipend of $400 a week during training.

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200108, Sept. 13, 1994, 108 Stat.

2054; Pub. L. 105-277, div. C, title I, Sec. 138(a), Oct. 21, 1998,

112 Stat. 2681-597; Pub. L. 107-273, div. C, title I, Sec.

11006(2), Nov. 2, 2002, 116 Stat. 1817.)

-REFTEXT-

REFERENCES IN TEXT

Section 14099 of this title, referred to in subsec. (c), was in

the original "section 10", and was translated as reading "section

200110", meaning section 200110 of Pub. L. 103-322, to reflect the

probable intent of Congress, because Pub. L. 103-322 does not

contain a section 10, and section 14099 of this title relates to

requirements for State Police Corps plans.

-MISC1-

AMENDMENTS

2002 - Subsec. (f). Pub. L. 107-273 substituted "$400" for

"$250".

1998 - Subsec. (b). Pub. L. 105-277, Sec. 138(a)(1), added

subsec. (b) and struck out heading and text of former subsec. (b).

Text read as follows: "A participant in a State Police Corps

program shall attend two 8-week training sessions at a training

center, one during the summer following completion of sophomore

year and one during the summer following completion of junior year.

If a participant enters the program after sophomore year, the

participant shall complete 16 weeks of training at times determined

by the Director."

Subsec. (c). Pub. L. 105-277, Sec. 138(a)(2), substituted "The

Police Corps" for "The 16 weeks of Police Corps".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14095, 14098 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 14098 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part A - Police Corps

-HEAD-

Sec. 14098. Service obligation

-STATUTE-

(a) Swearing in

Upon satisfactory completion of the participant's course of

education and training program established in section 14097 of this

title and meeting the requirements of the police force to which the

participant is assigned, a participant shall be sworn in as a

member of the police force to which the participant is assigned

pursuant to the State Police Corps plan, and shall serve for 4

years as a member of that police force.

(b) Rights and responsibilities

A participant shall have all of the rights and responsibilities

of and shall be subject to all rules and regulations applicable to

other members of the police force of which the participant is a

member, including those contained in applicable agreements with

labor organizations and those provided by State and local law.

If the police force of which the participant is a member subjects

the participant to discipline such as would preclude the

participant's completing 4 years of service, and result in denial

of educational assistance under section 14095 of this title, the

Director may, upon a showing of good cause, permit the participant

to complete the service obligation in an equivalent alternative law

enforcement service and, if such service is satisfactorily

completed, section 14095(d)(1)(B)(iii) of this title shall not

apply.

(d) Layoffs

If the police force of which the participant is a member lays off

the participant such as would preclude the participant's completing

4 years of service, and result in denial of educational assistance

under section 14095 of this title, the Director may permit the

participant to complete the service obligation in an equivalent

alternative law enforcement service and, if such service is

satisfactorily completed, section 14095(d)(1)(B)(iii) of this title

shall not apply.

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200109, Sept. 13, 1994, 108 Stat.

2055.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14096 of this title.

-End-

-CITE-

42 USC Sec. 14099 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part A - Police Corps

-HEAD-

Sec. 14099. State plan requirements

-STATUTE-

A State Police Corps plan shall -

(1) provide for the screening and selection of participants in

accordance with the criteria set out in section 14096 of this

title;

(2) state procedures governing the assignment of participants

in the Police Corps program to State and local police forces

(except with permission of the Director, no more than 25 percent

of all the participants assigned in each year by each State to be

assigned to a statewide police force or forces);

(3) provide that participants shall be assigned to those

geographic areas in which -

(A) there is the greatest need for additional law enforcement

personnel; and

(B) the participants will be used most effectively;

(4) provide that to the extent consistent with paragraph (3), a

participant shall be assigned to an area near the participant's

home or such other place as the participant may request;

(5) provide that to the extent feasible, a participant's

assignment shall be made at the time the participant is accepted

into the program, subject to change -

(A) prior to commencement of a participant's fourth year of

undergraduate study, under such circumstances as the plan may

specify; and

(B) from commencement of a participant's fourth year of

undergraduate study until completion of 4 years of police

service by participant, only for compelling reasons or to meet

the needs of the State Police Corps program and only with the

consent of the participant;

(6) provide that no participant shall be assigned to serve with

a local police force -

(A) whose size has declined by more than 5 percent since June

21, 1989; or

(B) which has members who have been laid off but not retired;

(7) provide that participants shall be placed and to the extent

feasible kept on community and preventive patrol;

(8) ensure that participants will receive effective training

and leadership;

(9) provide that the State may decline to offer a participant

an appointment following completion of Federal training, or may

remove a participant from the Police Corps program at any time,

only for good cause (including failure to make satisfactory

progress in a course of educational study) and after following

reasonable review procedures stated in the plan; and

(10) provide that a participant shall, while serving as a

member of a police force, be compensated at the same rate of pay

and benefits and enjoy the same rights under applicable

agreements with labor organizations and under State and local law

as other police officers of the same rank and tenure in the

police force of which the participant is a member.

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200110, Sept. 13, 1994, 108 Stat.

2056; Pub. L. 107-273, div. C, title I, Sec. 11006(3), Nov. 2,

2002, 116 Stat. 1817.)

-MISC1-

AMENDMENTS

2002 - Par. (2). Pub. L. 107-273 substituted "except with

permission of the Director, no more than 25 percent" for "no more

than 10 percent".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14092, 14094, 14096,

14097 of this title.

-End-

-CITE-

42 USC Sec. 14100 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part A - Police Corps

-HEAD-

Sec. 14100. Repealed. Pub. L. 107-273, div. C, title I, Sec.

11006(4), Nov. 2, 2002, 116 Stat. 1817

-MISC1-

Section, Pub. L. 103-322, title XX, Sec. 200111, Sept. 13, 1994,

108 Stat. 2056, provided assistance to States and localities

employing Police Corps officers.

-End-

-CITE-

42 USC Sec. 14101 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part A - Police Corps

-HEAD-

Sec. 14101. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this part

$50,000,000 for fiscal year 1999, $70,000,000 for fiscal year 2000,

$90,000,000 for fiscal year 2001, and $90,000,000 for each of

fiscal years 2002 through 2005.

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200112, Sept. 13, 1994, 108 Stat.

2057; Pub. L. 105-277, div. C, title I, Sec. 138(b), Oct. 21, 1998,

112 Stat. 2681-597; Pub. L. 107-273, div. C, title I, Sec.

11006(5), Nov. 2, 2002, 116 Stat. 1817.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-273 substituted "each of fiscal years 2002

through 2005" for "fiscal year 2002".

1998 - Pub. L. 105-277 substituted "$50,000,000 for fiscal year

1999, $70,000,000 for fiscal year 2000, $90,000,000 for fiscal year

2001, and $90,000,000 for fiscal year 2002" for "$20,000 for each

of the fiscal years 1996 through 2000".

-End-

-CITE-

42 USC Sec. 14102 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part A - Police Corps

-HEAD-

Sec. 14102. Reports to Congress

-STATUTE-

(a) In general

Not later than April 1 of each year, the Director shall submit a

report to the Attorney General, the President, the Speaker of the

House of Representatives, and the President of the Senate.

(b) Contents

A report under subsection (a) of this section shall -

(1) state the number of current and past participants in the

Police Corps program, broken down according to the levels of

educational study in which they are engaged and years of service

they have served on police forces (including service following

completion of the 4-year service obligation);

(2) describe the geographic, racial, and gender dispersion of

participants in the Police Corps program; and

(3) describe the progress of the Police Corps program and make

recommendations for changes in the program.

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200113, Sept. 13, 1994, 108 Stat.

2057.)

-End-

-CITE-

42 USC Part B - Law Enforcement Scholarship Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part B - Law Enforcement Scholarship Program

-HEAD-

PART B - LAW ENFORCEMENT SCHOLARSHIP PROGRAM

-End-

-CITE-

42 USC Sec. 14111 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part B - Law Enforcement Scholarship Program

-HEAD-

Sec. 14111. Definitions

-STATUTE-

In this part -

"Director" means the Director of the Office of the Police Corps

and Law Enforcement Education appointed under section 14093 (!1)

of this title.

"educational expenses" means expenses that are directly

attributable to -

(A) a course of education leading to the award of an

associate degree;

(B) a course of education leading to the award of a

baccalaureate degree; or

baccalaureate degree,

including the cost of tuition, fees, books, supplies, and related

expenses.

"institution of higher education" has the meaning stated in the

first sentence of section 1001 of title 20.

"law enforcement position" means employment as an officer in a

State or local police force, or correctional institution.

"State" means a State of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of

the United States, American Samoa, Guam, and the Commonwealth of

the Northern Mariana Islands.

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200202, Sept. 13, 1994, 108 Stat.

2057; Pub. L. 105-244, title I, Sec. 102(a)(13)(P), Oct. 7, 1998,

112 Stat. 1621.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-244 substituted "section 1001" for "section

1141(a)" in par. defining "institution of higher education".

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.

SHORT TITLE

For short title of this part as the "Law Enforcement Scholarships

and Recruitment Act", see section 200201 of Pub. L. 103-322, set

out as a note under section 13701 of this title.

-FOOTNOTE-

(!1) So in original. Section 14093 of this title does not provide

for the appointment of a Director.

-End-

-CITE-

42 USC Sec. 14112 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part B - Law Enforcement Scholarship Program

-HEAD-

Sec. 14112. Allotment

-STATUTE-

From amounts appropriated under section 14119 of this title, the

Director shall allot -

(1) 80 percent of such amounts to States on the basis of the

number of law enforcement officers in each State compared to the

number of law enforcement officers in all States; and

(2) 20 percent of such amounts to States on the basis of the

shortage of law enforcement personnel and the need for assistance

under this part in the State compared to the shortage of law

enforcement personnel and the need for assistance under this part

in all States.

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200203, Sept. 13, 1994, 108 Stat.

2058.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14113, 14116 of this

title.

-End-

-CITE-

42 USC Sec. 14113 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part B - Law Enforcement Scholarship Program

-HEAD-

Sec. 14113. Establishment of program

-STATUTE-

(a) Use of allotment

(1) In general

A State that receives an allotment pursuant to section 14112 of

this title shall use the allotment to pay the Federal share of

the costs of -

(A) awarding scholarships to in-service law enforcement

personnel to enable such personnel to seek further education;

and

(B) providing -

(i) full-time employment in summer; or

(ii) part-time (not to exceed 20 hours per week) employment

for a period not to exceed 1 year.

(2) Employment

The employment described in paragraph (1)(B) -

(A) shall be provided by State and local law enforcement

agencies for students who are juniors or seniors in high school

or are enrolled in an institution of higher education and who

demonstrate an interest in undertaking a career in law

enforcement;

(B) shall not be in a law enforcement position; and

students of the nature of the tasks performed by law

enforcement agencies.

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

(1) Payments

Subject to the availability of appropriations, the Director

shall pay to each State that receives an allotment under section

14112 of this title the Federal share of the cost of the

activities described in the application submitted pursuant to

section 14116 (!1) of this title.

(2) Federal share

The Federal share shall not exceed 60 percent.

(3) Non-Federal share

The non-Federal share of the cost of scholarships and student

employment provided under this part shall be supplied from

sources other than the Federal Government.

The Director shall be responsible for the administration of the

programs conducted pursuant to this part and shall, in consultation

with the Assistant Secretary for Postsecondary Education, issue

rules to implement this part.

(d) Administrative expenses

A State that receives an allotment under section 14112 of this

title may reserve not more than 8 percent of the allotment for

administrative expenses.

(e) Special rule

A State that receives an allotment under section 14112 of this

title shall ensure that each scholarship recipient under this part

be compensated at the same rate of pay and benefits and enjoy the

same rights under applicable agreements with labor organizations

and under State and local law as other law enforcement personnel of

the same rank and tenure in the office of which the scholarship

recipient is a member.

(f) Supplementation of funding

Funds received under this part shall only be used to supplement,

and not to supplant, Federal, State, or local efforts for

recruitment and education of law enforcement personnel.

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200204, Sept. 13, 1994, 108 Stat.

2058.)

-REFTEXT-

REFERENCES IN TEXT

Section 14116 of this title, referred to in subsec. (b)(1), was

in the original "section 200203", and was translated as reading

"section 200207", meaning section 200207 of Pub. L. 103-322, to

reflect the probable intent of Congress, because section 200203 of

Pub. L. 103-322, which is classified to section 14112 of this

title, does not provide for submission of applications, and section

14116 does so provide.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14119 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 14114 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part B - Law Enforcement Scholarship Program

-HEAD-

Sec. 14114. Scholarships

-STATUTE-

(a) Period of award

Scholarships awarded under this part shall be for a period of 1

academic year.

(b) Use of scholarships

Each individual awarded a scholarship under this part may use the

scholarship for educational expenses at an institution of higher

education.

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200205, Sept. 13, 1994, 108 Stat.

2059.)

-End-

-CITE-

42 USC Sec. 14115 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part B - Law Enforcement Scholarship Program

-HEAD-

Sec. 14115. Eligibility

-STATUTE-

(a) Scholarships

A person shall be eligible to receive a scholarship under this

part if the person has been employed in law enforcement for the

2-year period immediately preceding the date on which assistance is

sought.

(b) Ineligibility for student employment

A person who has been employed as a law enforcement officer is

ineligible to participate in a student employment program carried

out under this part.

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200206, Sept. 13, 1994, 108 Stat.

2059.)

-End-

-CITE-

42 USC Sec. 14116 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part B - Law Enforcement Scholarship Program

-HEAD-

Sec. 14116. State application

-STATUTE-

(a) In general

Each State desiring an allotment under section 14112 of this

title shall submit an application to the Director at such time, in

such manner, and accompanied by such information as the Director

may reasonably require.

(b) Contents

An application under subsection (a) of this section shall -

(1) describe the scholarship program and the student employment

program for which assistance under this part is sought;

(2) contain assurances that the lead agency will work in

cooperation with the local law enforcement liaisons,

representatives of police labor organizations and police

management organizations, and other appropriate State and local

agencies to develop and implement interagency agreements designed

to carry out this part;

(3) contain assurances that the State will advertise the

scholarship assistance and student employment it will provide

under this part and that the State will use such programs to

enhance recruitment efforts;

(4) contain assurances that the State will screen and select

law enforcement personnel for participation in the scholarship

program under this part;

(5) contain assurances that under such student employment

program the State will screen and select, for participation in

such program, students who have an interest in undertaking a

career in law enforcement;

(6) contain assurances that under such scholarship program the

State will make scholarship payments to institutions of higher

education on behalf of persons who receive scholarships under

this part;

(7) with respect to such student employment program, identify -

(A) the employment tasks that students will be assigned to

perform;

(B) the compensation that students will be paid to perform

such tasks; and

participation in the program;

(8) identify model curriculum and existing programs designed to

meet the educational and professional needs of law enforcement

personnel; and

(9) contain assurances that the State will promote cooperative

agreements with educational and law enforcement agencies to

enhance law enforcement personnel recruitment efforts in

institutions of higher education.

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200207, Sept. 13, 1994, 108 Stat.

2059.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14113 of this title.

-End-

-CITE-

42 USC Sec. 14117 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part B - Law Enforcement Scholarship Program

-HEAD-

Sec. 14117. Local application

-STATUTE-

(a) In general

A person who desires a scholarship or employment under this part

shall submit an application to the State at such time, in such

manner, and accompanied by such information as the State may

reasonably require.

(b) Contents

An application under subsection (a) of this section shall

describe -

(1) the academic courses for which a scholarship is sought; or

(2) the location and duration of employment that is sought.

In awarding scholarships and providing student employment under

this part, each State shall give priority to applications from

persons who are -

(1) members of racial, ethnic, or gender groups whose

representation in the law enforcement agencies within the State

is substantially less than in the population eligible for

employment in law enforcement in the State;

(2) pursuing an undergraduate degree; and

(3) not receiving financial assistance under the Higher

Education Act of 1965 [20 U.S.C. 1001 et seq.].

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200208, Sept. 13, 1994, 108 Stat.

2060.)

-REFTEXT-

REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in subsec. (c)(3),

is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which

is classified principally to chapter 28 (Sec. 1001 et seq.) of

Title 20, Education. For complete classification of this Act to the

Code, see Short Title note set out under section 1001 of Title 20

and Tables.

-End-

-CITE-

42 USC Sec. 14118 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part B - Law Enforcement Scholarship Program

-HEAD-

Sec. 14118. Scholarship agreement

-STATUTE-

(a) In general

A person who receives a scholarship under this part shall enter

into an agreement with the Director.

(b) Contents

An agreement described in subsection (a) of this section shall -

(1) provide assurances that the scholarship recipient will work

in a law enforcement position in the State that awarded the

scholarship in accordance with the service obligation described

in subsection (c) of this section after completion of the

scholarship recipient's academic courses leading to an associate,

bachelor, or graduate degree;

(2) provide assurances that the scholarship recipient will

repay the entire scholarship in accordance with such terms and

conditions as the Director shall prescribe if the requirements of

the agreement are not complied with, unless the scholarship

recipient -

(A) dies;

(B) becomes physically or emotionally disabled, as

established by the sworn affidavit of a qualified physician; or

(3) set forth the terms and conditions under which the

scholarship recipient may seek employment in the field of law

enforcement in a State other than the State that awarded the

scholarship.

(1) In general

Except as provided in paragraph (2), a person who receives a

scholarship under this part shall work in a law enforcement

position in the State that awarded the scholarship for a period

of 1 month for each credit hour for which funds are received

under the scholarship.

(2) Special rule

For purposes of satisfying the requirement of paragraph (1), a

scholarship recipient shall work in a law enforcement position in

the State that awarded the scholarship for not less than 6 months

but shall not be required to work in such a position for more

than 2 years.

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200209, Sept. 13, 1994, 108 Stat.

2060.)

-End-

-CITE-

42 USC Sec. 14119 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Part B - Law Enforcement Scholarship Program

-HEAD-

Sec. 14119. Authorization of appropriations

-STATUTE-

(a) General authorization of appropriations

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

(1) $20,000,000 for fiscal year 1996;

(2) $20,000,000 for fiscal year 1997;

(3) $20,000,000 for fiscal year 1998;

(4) $20,000,000 for fiscal year 1999; and

(5) $20,000,000 for fiscal year 2000.

(b) Uses of funds

Of the funds appropriated under subsection (a) of this section

for a fiscal year -

(1) 80 percent shall be available to provide scholarships

described in section 14113(a)(1)(A) of this title; and

(2) 20 percent shall be available to provide employment

described in sections 14113(a)(1)(B) and 14113(a)(2) of this

title.

-SOURCE-

(Pub. L. 103-322, title XX, Sec. 200210, Sept. 13, 1994, 108 Stat.

2061.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14112 of this title.

-End-

-CITE-

42 USC SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

-HEAD-

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

-End-

-CITE-

42 USC Part A - DNA Identification 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

Part A - DNA Identification

-HEAD-

PART A - DNA IDENTIFICATION

-End-

-CITE-

42 USC Sec. 14131 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

Part A - DNA Identification

-HEAD-

Sec. 14131. Quality assurance and proficiency testing standards

-STATUTE-

(a) Publication of quality assurance and proficiency testing

standards

(1)(A) Not later than 180 days after September 13, 1994, the

Director of the Federal Bureau of Investigation shall appoint an

advisory board on DNA quality assurance methods from among

nominations proposed by the head of the National Academy of

Sciences and professional societies of crime laboratory officials.

(B) The advisory board shall include as members scientists from

State, local, and private forensic laboratories, molecular

geneticists and population geneticists not affiliated with a

forensic laboratory, and a representative from the National

Institute of Standards and Technology.

periodically revise, recommended standards for quality assurance,

including standards for testing the proficiency of forensic

laboratories, and forensic analysts, in conducting analyses of DNA.

(2) The Director of the Federal Bureau of Investigation, after

taking into consideration such recommended standards, shall issue

(and revise from time to time) standards for quality assurance,

including standards for testing the proficiency of forensic

laboratories, and forensic analysts, in conducting analyses of DNA.

(3) The standards described in paragraphs (1) and (2) shall

specify criteria for quality assurance and proficiency tests to be

applied to the various types of DNA analyses used by forensic

laboratories. The standards shall also include a system for grading

proficiency testing performance to determine whether a laboratory

is performing acceptably.

(4) Until such time as the advisory board has made

recommendations to the Director of the Federal Bureau of

Investigation and the Director has acted upon those

recommendations, the quality assurance guidelines adopted by the

technical working group on DNA analysis methods shall be deemed the

Director's standards for purposes of this section.

(b) Administration of advisory board

(1) For administrative purposes, the advisory board appointed

under subsection (a) of this section shall be considered an

advisory board to the Director of the Federal Bureau of

Investigation.

(2) Section 14 of the Federal Advisory Committee Act (5 U.S.C.

App.) shall not apply with respect to the advisory board appointed

under subsection (a) of this section.

(3) The DNA advisory board established under this section shall

be separate and distinct from any other advisory board administered

by the FBI, and is to be administered separately.

(4) The board shall cease to exist on the date 5 years after the

initial appointments are made to the board, unless the existence of

the board is extended by the Director of the Federal Bureau of

Investigation.

(1) Not later than 1 year after the effective date of this

Act,(!1) the Director of the National Institute of Justice shall

certify to the Committees on the Judiciary of the House and Senate

that -

(A) the Institute has entered into a contract with, or made a

grant to, an appropriate entity for establishing, or has taken

other appropriate action to ensure that there is established, not

later than 2 years after September 13, 1994, a blind external

proficiency testing program for DNA analyses, which shall be

available to public and private laboratories performing forensic

DNA analyses;

(B) a blind external proficiency testing program for DNA

analyses is already readily available to public and private

laboratories performing forensic DNA analyses; or

forensic analyses.

(2) As used in this subsection, the term "blind external

proficiency test" means a test that is presented to a forensic

laboratory through a second agency and appears to the analysts to

involve routine evidence.

(3) Notwithstanding any other provision of law, the Attorney

General shall make available to the Director of the National

Institute of Justice during the first fiscal year in which funds

are distributed under this subtitle up to $250,000 from the funds

available under part X of Title I of the Omnibus Crime Control and

Safe Streets Act of 1968 [42 U.S.C. 3796kk et seq.] to carry out

this subsection.

-SOURCE-

(Pub. L. 103-322, title XXI, Sec. 210303, Sept. 13, 1994, 108 Stat.

2068.)

-REFTEXT-

REFERENCES IN TEXT

Section 14 of the Federal Advisory Committee Act, referred to in

subsec. (b)(2), is section 14 of Pub. L. 92-463, which is set out

in the Appendix to Title 5, Government Organization and Employees.

The effective date of this Act, referred to in subsec. (c)(1),

probably means the date of enactment of Pub. L. 103-322, which was

approved Sept. 13, 1994.

This subtitle, referred to in subsec. (c)(3), is subtitle C

(Secs. 210301-210306) of title XXI of Pub. L. 103-322, Sept. 13,

1994, 108 Stat. 2065, known as the DNA Identification Act of 1994,

which enacted this part and sections 3796kk to 3796kk-6 of this

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

and enacted provisions set out as notes under sections 3751 and

13701 of this title. For complete classification of this subtitle

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

this title and Tables.

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

to in subsec. (c)(3), is Pub. L. 90-351, June 19, 1968, 82 Stat.

197, as amended. Part X of title I of the Act is classified

generally to subchapter XII-L (Sec. 3796kk et seq.) of chapter 46

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 3711 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3753, 3796kk-2, 14132,

14133, 14134, 14214 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 14132 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

Part A - DNA Identification

-HEAD-

Sec. 14132. Index to facilitate law enforcement exchange of DNA

identification information

-STATUTE-

(a) Establishment of index

The Director of the Federal Bureau of Investigation may establish

an index of -

(1) DNA identification records of persons convicted of crimes;

(2) analyses of DNA samples recovered from crime scenes;

(3) analyses of DNA samples recovered from unidentified human

remains; and

(4) analyses of DNA samples voluntarily contributed from

relatives of missing persons.

(b) Information

The index described in subsection (a) of this section shall

include only information on DNA identification records and DNA

analyses that are -

(1) based on analyses performed by or on behalf of a criminal

justice agency (or the Secretary of Defense in accordance with

section 1565 of title 10) in accordance with publicly available

standards that satisfy or exceed the guidelines for a quality

assurance program for DNA analysis, issued by the Director of the

Federal Bureau of Investigation under section 14131 of this

title;

(2) prepared by laboratories, and DNA analysts, that undergo

semiannual external proficiency testing by a DNA proficiency

testing program meeting the standards issued under section 14131

of this title; and

(3) maintained by Federal, State, and local criminal justice

agencies (or the Secretary of Defense in accordance with section

1565 of title 10) pursuant to rules that allow disclosure of

stored DNA samples and DNA analyses only -

(A) to criminal justice agencies for law enforcement

identification purposes;

(B) in judicial proceedings, if otherwise admissible pursuant

to applicable statutes or rules;

have access to samples and analyses performed in connection

with the case in which such defendant is charged; or

(D) if personally identifiable information is removed, for a

population statistics database, for identification research and

protocol development purposes, or for quality control purposes.

Access to the index established by this section is subject to

cancellation if the quality control and privacy requirements

described in subsection (b) of this section are not met.

(d) Expungement of records

(1) By Director

(A) The Director of the Federal Bureau of Investigation shall

promptly expunge from the index described in subsection (a) of

this section the DNA analysis of a person included in the index

on the basis of a qualifying Federal offense or a qualifying

District of Columbia offense (as determined under sections 14135a

and 14135b of this title, respectively) if the Director receives,

for each conviction of the person of a qualifying offense, a

certified copy of a final court order establishing that such

conviction has been overturned.

(B) For purposes of subparagraph (A), the term "qualifying

offense" means any of the following offenses:

(i) A qualifying Federal offense, as determined under section

14135a of this title.

(ii) A qualifying District of Columbia offense, as determined

under section 14135b of this title.

(iii) A qualifying military offense, as determined under

section 1565 of title 10.

"final" if time remains for an appeal or application for

discretionary review with respect to the order.

(2) By States

(A) As a condition of access to the index described in

subsection (a) of this section, a State shall promptly expunge

from that index the DNA analysis of a person included in the

index by that State if the responsible agency or official of that

State receives, for each conviction of the person of an offense

on the basis of which that analysis was or could have been

included in the index, a certified copy of a final court order

establishing that such conviction has been overturned.

(B) For purposes of subparagraph (A), a court order is not

"final" if time remains for an appeal or application for

discretionary review with respect to the order.

-SOURCE-

(Pub. L. 103-322, title XXI, Sec. 210304, Sept. 13, 1994, 108 Stat.

2069; Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 120],

Nov. 29, 1999, 113 Stat. 1535, 1501A-23; Pub. L. 106-546, Sec.

6(b), Dec. 19, 2000, 114 Stat. 2733.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(1). Pub. L. 106-546, Sec. 6(b)(1), inserted

"(or the Secretary of Defense in accordance with section 1565 of

title 10)" after "criminal justice agency".

Subsec. (b)(2). Pub. L. 106-546, Sec. 6(b)(2), substituted

"semiannual" for ", at regular intervals of not to exceed 180

days,".

Subsec. (b)(3). Pub. L. 106-546, Sec. 6(b)(3), inserted "(or the

Secretary of Defense in accordance with section 1565 of title 10)"

after "criminal justice agencies" in introductory provisions.

Subsec. (d). Pub. L. 106-546, Sec. 6(b)(4), added subsec. (d).

1999 - Subsec. (a)(4). Pub. L. 106-113 added par. (4).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14134, 14135, 14135e,

14214 of this title; title 10 section 1565.

-End-

-CITE-

42 USC Sec. 14133 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

Part A - DNA Identification

-HEAD-

Sec. 14133. Federal Bureau of Investigation

-STATUTE-

(a) Proficiency testing requirements

(1) Generally

(A) Personnel at the Federal Bureau of Investigation who

perform DNA analyses shall undergo semiannual external

proficiency testing by a DNA proficiency testing program meeting

the standards issued under section 14131 of this title.

(B) Within 1 year after September 13, 1994, the Director of the

Federal Bureau of Investigation shall arrange for periodic blind

external tests to determine the proficiency of DNA analysis

performed at the Federal Bureau of Investigation laboratory.

is presented to the laboratory through a second agency and

appears to the analysts to involve routine evidence.

(2) Report

For 5 years after September 13, 1994, the Director of the

Federal Bureau of Investigation shall submit to the Committees on

the Judiciary of the House and Senate an annual report on the

results of each of the tests described in paragraph (1).

(b) Privacy protection standards

(1) Generally

Except as provided in paragraph (2), the results of DNA tests

performed for a Federal law enforcement agency for law

enforcement purposes may be disclosed only -

(A) to criminal justice agencies for law enforcement

identification purposes;

(B) in judicial proceedings, if otherwise admissible pursuant

to applicable statues (!1) or rules; and

have access to samples and analyses performed in connection

with the case in which such defendant is charged.

(2) Exception

If personally identifiable information is removed, test results

may be disclosed for a population statistics database, for

identification research and protocol development purposes, or for

quality control purposes.

(1) A person who -

(A) by virtue of employment or official position, has

possession of, or access to, individually identifiable DNA

information indexed in a database created or maintained by any

Federal law enforcement agency; and

(B) knowingly discloses such information in any manner to any

person or agency not authorized to receive it,

shall be fined not more than $100,000.

(2) A person who, without authorization, knowingly obtains DNA

samples or individually identifiable DNA information indexed in a

database created or maintained by any Federal law enforcement

agency shall be fined not more than $100,000.

-SOURCE-

(Pub. L. 103-322, title XXI, Sec. 210305, Sept. 13, 1994, 108 Stat.

2070; Pub. L. 106-546, Sec. 8(c), Dec. 19, 2000, 114 Stat. 2735.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(1)(A). Pub. L. 106-546 substituted

"semiannual" for ", at regular intervals of not to exceed 180

days,".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14134, 14214 of this

title.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 14134 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

Part A - DNA Identification

-HEAD-

Sec. 14134. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Federal Bureau of

Investigation to carry out sections 14131, 14132, and 14133 of this

title -

(1) $5,500,000 for fiscal year 1996;

(2) $8,000,000 for fiscal year 1997;

(3) $8,000,000 for fiscal year 1998;

(4) $2,500,000 for fiscal year 1999; and

(5) $1,000,000 for fiscal year 2000.

-SOURCE-

(Pub. L. 103-322, title XXI, Sec. 210306, Sept. 13, 1994, 108 Stat.

2071.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 14135 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

Part A - DNA Identification

-HEAD-

Sec. 14135. Authorization of grants

-STATUTE-

(a) Authorization of grants

The Attorney General may make grants to eligible States for use

by the State for the following purposes:

(1) To carry out, for inclusion in the Combined DNA Index

System of the Federal Bureau of Investigation, DNA analyses of

samples taken from individuals convicted of a qualifying State

offense (as determined under subsection (b)(3) of this section).

(2) To carry out, for inclusion in such Combined DNA Index

System, DNA analyses of samples from crime scenes.

(3) To increase the capacity of laboratories owned by the State

or by units of local government within the State to carry out DNA

analyses of samples specified in paragraph (2).

(b) Eligibility

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

the chief executive officer of the State shall submit to the

Attorney General an application in such form and containing such

information as the Attorney General may require. The application

shall -

(1) provide assurances that the State has implemented, or will

implement not later than 120 days after the date of such

application, a comprehensive plan for the expeditious DNA

analysis of samples in accordance with this section;

(2) include a certification that each DNA analysis carried out

under the plan shall be maintained pursuant to the privacy

requirements described in section 14132(b)(3) of this title;

(3) include a certification that the State has determined, by

statute, rule, or regulation, those offenses under State law that

shall be treated for purposes of this section as qualifying State

offenses;

(4) specify the allocation that the State shall make, in using

grant amounts to carry out DNA analyses of samples, as between

samples specified in subsection (a)(1) of this section and

samples specified in subsection (a)(2) of this section; and

(5) specify that portion of grant amounts that the State shall

use for the purpose specified in subsection (a)(3) of this

section.

A State that proposes to allocate grant amounts under paragraph

(4) or (5) of subsection (b) of this section for the purposes

specified in paragraph (2) or (3) of subsection (a) of this section

shall use such allocated amounts to conduct or facilitate DNA

analyses of those samples that relate to crimes in connection with

which there are no suspects.

(d) Analysis of samples

(1) In general

The plan shall require that, except as provided in paragraph

(3), each DNA analysis be carried out in a laboratory that

satisfies quality assurance standards and is -

(A) operated by the State or a unit of local government

within the State; or

(B) operated by a private entity pursuant to a contract with

the State or a unit of local government within the State.

(2) Quality assurance standards

(A) The Director of the Federal Bureau of Investigation shall

maintain and make available to States a description of quality

assurance protocols and practices that the Director considers

adequate to assure the quality of a forensic laboratory.

(B) For purposes of this section, a laboratory satisfies

quality assurance standards if the laboratory satisfies the

quality control requirements described in paragraphs (1) and (2)

of section 14132(b) of this title.

(3) Use of vouchers for certain purposes

A grant for the purposes specified in paragraph (1) or (2) of

subsection (a) of this section may be made in the form of a

voucher for laboratory services, which may be redeemed at a

laboratory operated by a private entity approved by the Attorney

General that satisfies quality assurance standards. The Attorney

General may make payment to such a laboratory for the analysis of

DNA samples using amounts authorized for those purposes under

subsection (j) of this section.

(e) Restrictions on use of funds

(1) Nonsupplanting

Funds made available pursuant to this section shall not be used

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

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

available from State sources for the purposes of this Act.

(2) Administrative costs

A State may not use more than 3 percent of the funds it

receives from this section for administrative expenses.

(f) Reports to the Attorney General

Each State which receives a grant under this section shall submit

to the Attorney General, for each year in which funds from a grant

received under this section is expended, a report at such time and

in such manner as the Attorney General may reasonably require,

which contains -

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

an assessment of whether such activities are meeting the needs

identified in the application; and

(2) such other information as the Attorney General may require.

(g) Reports to Congress

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

which grants are made under this section, the Attorney General

shall submit to the Congress a report that includes -

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

each State for such fiscal year; and

(2) a summary of the information provided by States receiving

grants under this section.

(h) Expenditure records

(1) In general

Each State which receives a grant under this section shall keep

records as the Attorney General may require to facilitate an

effective audit of the receipt and use of grant funds received

under this section.

(2) Access

Each State which receives a grant under this section shall make

available, for the purpose of audit and examination, such records

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

(i) Definition

For purposes of this section, the term "State" means a State of

the United States, the District of Columbia, the Commonwealth of

Puerto Rico, the United States Virgin Islands, American Samoa,

Guam, and the Northern Mariana Islands.

(j) Authorization of appropriations

Amounts are authorized to be appropriated to the Attorney General

for grants under subsection (a) of this section as follows:

(1) For grants for the purposes specified in paragraph (1) of

such subsection -

(A) $15,000,000 for fiscal year 2001;

(B) $15,000,000 for fiscal year 2002; and

(2) For grants for the purposes specified in paragraphs (2) and

(3) of such subsection -

(A) $25,000,000 for fiscal year 2001;

(B) $50,000,000 for fiscal year 2002;

(D) $25,000,000 for fiscal year 2004.

-SOURCE-

(Pub. L. 106-546, Sec. 2, Dec. 19, 2000, 114 Stat. 2726.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (e)(1), is Pub. L. 106-546, Dec.

19, 2000, 114 Stat. 2726, known as the DNA Analysis Backlog

Elimination Act of 2000. For complete classification of this Act to

the Code, see Short Title of 2000 Amendments note set out under

section 13701 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the DNA Analysis Backlog

Elimination Act of 2000, and not as part of the Violent Crime

Control and Law Enforcement Act of 1994 which enacted this chapter.

-MISC1-

SENSE OF CONGRESS REGARDING THE OBLIGATION OF GRANTEE STATES TO

ENSURE ACCESS TO POST-CONVICTION DNA TESTING AND COMPETENT COUNSEL

IN CAPITAL CASES

Pub. L. 106-561, Sec. 4, Dec. 21, 2000, 114 Stat. 2791, provided

that:

"(a) Findings. - Congress finds that -

"(1) over the past decade, deoxyribonucleic acid testing

(referred to in this section as 'DNA testing') has emerged as the

most reliable forensic technique for identifying criminals when

biological material is left at a crime scene;

"(2) because of its scientific precision, DNA testing can, in

some cases, conclusively establish the guilt or innocence of a

criminal defendant;

"(3) in other cases, DNA testing may not conclusively establish

guilt or innocence, but may have significant probative value to a

finder of fact;

"(4) DNA testing was not widely available in cases tried prior

to 1994;

"(5) new forensic DNA testing procedures have made it possible

to get results from minute samples that could not previously be

tested, and to obtain more informative and accurate results than

earlier forms of forensic DNA testing could produce, resulting in

some cases of convicted inmates being exonerated by new DNA tests

after earlier tests had failed to produce definitive results;

"(6) DNA testing can and has resulted in the post-conviction

exoneration of more than 75 innocent men and women, including

some under sentence of death;

"(7) in more than a dozen cases, post-conviction DNA testing

that has exonerated an innocent person has also enhanced public

safety by providing evidence that led to the apprehension of the

actual perpetrator;

"(8) experience has shown that it is not unduly burdensome to

make DNA testing available to inmates in appropriate cases;

"(9) under current Federal and State law, it is difficult to

obtain post-conviction DNA testing because of time limits on

introducing newly discovered evidence;

"(10) the National Commission on the Future of DNA Evidence, a

Federal panel established by the Department of Justice and

comprised of law enforcement, judicial, and scientific experts,

has urged that post-conviction DNA testing be permitted in the

relatively small number of cases in which it is appropriate,

notwithstanding procedural rules that could be invoked to

preclude such testing, and notwithstanding the inability of an

inmate to pay for the testing;

"(11) only a few States have adopted post-conviction DNA

testing procedures;

"(12) States have received millions of dollars in DNA-related

grants, and more funding is needed to improve State forensic

facilities and to reduce the nationwide backlog of DNA samples

from convicted offenders and crime scenes that need to be tested

or retested using upgraded methods;

"(13) States that accept such financial assistance should not

deny the promise of truth and justice for both sides of our

adversarial system that DNA testing offers;

"(14) post-conviction DNA testing and other post-conviction

investigative techniques have shown that innocent people have

been sentenced to death in this country;

"(15) a constitutional error in capital cases is incompetent

defense lawyers who fail to present important evidence that the

defendant may have been innocent or does not deserve to be

sentenced to death; and

"(16) providing quality representation to defendants facing

loss of liberty or life is essential to fundamental due process

and the speedy final resolution of judicial proceedings.

"(b) Sense of Congress. - It is the sense of Congress that -

"(1) Congress should condition forensic science-related grants

to a State or State forensic facility on the State's agreement to

ensure post-conviction DNA testing in appropriate cases; and

"(2) Congress should work with the States to improve the

quality of legal representation in capital cases through the

establishment of standards that will assure the timely

appointment of competent counsel with adequate resources to

represent defendants in capital cases at each stage of the

proceedings."

Pub. L. 106-546, Sec. 11, Dec. 19, 2000, 114 Stat. 2735, enacted

provisions substantially identical to those enacted by Pub. L.

106-561, Sec. 4, set out above.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14135e of this title.

-End-

-CITE-

42 USC Sec. 14135a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

Part A - DNA Identification

-HEAD-

Sec. 14135a. Collection and use of DNA identification information

from certain Federal offenders

-STATUTE-

(a) Collection of DNA samples

(1) From individuals in custody

The Director of the Bureau of Prisons shall collect a DNA

sample from each individual in the custody of the Bureau of

Prisons who is, or has been, convicted of a qualifying Federal

offense (as determined under subsection (d) of this section) or a

qualifying military offense, as determined under section 1565 of

title 10.

(2) From individuals on release, parole, or probation

The probation office responsible for the supervision under

Federal law of an individual on probation, parole, or supervised

release shall collect a DNA sample from each such individual who

is, or has been, convicted of a qualifying Federal offense (as

determined under subsection (d) of this section) or a qualifying

military offense, as determined under section 1565 of title 10.

(3) Individuals already in CODIS

For each individual described in paragraph (1) or (2), if the

Combined DNA Index System (in this section referred to as

"CODIS") of the Federal Bureau of Investigation contains a DNA

analysis with respect to that individual, or if a DNA sample has

been collected from that individual under section 1565 of title

10, the Director of the Bureau of Prisons or the probation office

responsible (as applicable) may (but need not) collect a DNA

sample from that individual.

(4) Collection procedures

(A) The Director of the Bureau of Prisons or the probation

office responsible (as applicable) may use or authorize the use

of such means as are reasonably necessary to detain, restrain,

and collect a DNA sample from an individual who refuses to

cooperate in the collection of the sample.

(B) The Director of the Bureau of Prisons or the probation

office, as appropriate, may enter into agreements with units of

State or local government or with private entities to provide for

the collection of the samples described in paragraph (1) or (2).

(5) Criminal penalty

An individual from whom the collection of a DNA sample is

authorized under this subsection who fails to cooperate in the

collection of that sample shall be -

(A) guilty of a class A misdemeanor; and

(B) punished in accordance with title 18.

(b) Analysis and use of samples

The Director of the Bureau of Prisons or the probation office

responsible (as applicable) shall furnish each DNA sample collected

under subsection (a) of this section to the Director of the Federal

Bureau of Investigation, who shall carry out a DNA analysis on each

such DNA sample and include the results in CODIS.

In this section:

(1) The term "DNA sample" means a tissue, fluid, or other

bodily sample of an individual on which a DNA analysis can be

carried out.

(2) The term "DNA analysis" means analysis of the

deoxyribonucleic acid (DNA) identification information in a

bodily sample.

(d) Qualifying Federal offenses

(1) The offenses that shall be treated for purposes of this

section as qualifying Federal offenses are the following offenses

under title 18, as determined by the Attorney General:

(A) Murder (as described in section 1111 of such title),

voluntary manslaughter (as described in section 1112 of such

title), or other offense relating to homicide (as described in

chapter 51 of such title, sections 1113, 1114, 1116, 1118, 1119,

1120, and 1121).

(B) An offense relating to sexual abuse (as described in

chapter 109A of such title, sections 2241 through 2245), to

sexual exploitation or other abuse of children (as described in

chapter 110 of such title, sections 2251 through 2252), or to

transportation for illegal sexual activity (as described in

chapter 117 of such title, sections 2421, 2422, 2423, and 2425).

chapter 77 of such title).

(D) Kidnapping (as defined in section 3559(c)(2)(E) of such

title).

(E) An offense involving robbery or burglary (as described in

chapter 103 of such title, sections 2111 through 2114, 2116, and

2118 through 2119).

(F) Any violation of section 1153 involving murder,

manslaughter, kidnapping, maiming, a felony offense relating to

sexual abuse (as described in chapter 109A), incest, arson,

burglary, or robbery.

(G) Any attempt or conspiracy to commit any of the above

offenses.

(2) In addition to the offenses described in paragraph (1), the

following offenses shall be treated for purposes of this section as

qualifying Federal offenses, as determined by the Attorney General:

(A) Any offense listed in section 2332b(g)(5)(B) of title 18.

(B) Any crime of violence (as defined in section 16 of title

18).

offenses.

(e) Regulations

(1) In general

Except as provided in paragraph (2), this section shall be

carried out under regulations prescribed by the Attorney General.

(2) Probation officers

The Director of the Administrative Office of the United States

Courts shall make available model procedures for the activities

of probation officers in carrying out this section.

(f) Commencement of collection

Collection of DNA samples under subsection (a) of this section

shall, subject to the availability of appropriations, commence not

later than the date that is 180 days after December 19, 2000.

-SOURCE-

(Pub. L. 106-546, Sec. 3, Dec. 19, 2000, 114 Stat. 2728; Pub. L.

107-56, title V, Sec. 503, Oct. 26, 2001, 115 Stat. 364.)

-COD-

CODIFICATION

Section was enacted as part of the DNA Analysis Backlog

Elimination Act of 2000, and not as part of the Violent Crime

Control and Law Enforcement Act of 1994 which enacted this chapter.

-MISC1-

AMENDMENTS

2001 - Subsec. (d)(2). Pub. L. 107-56 amended par. (2) generally.

Prior to amendment, par. (2) read as follows: "The initial

determination of qualifying Federal offenses shall be made not

later than 120 days after December 19, 2000."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14132, 14135c, 14135e of

this title; title 10 section 1565; title 18 sections 3563, 3583,

4209.

-End-

-CITE-

42 USC Sec. 14135b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

Part A - DNA Identification

-HEAD-

Sec. 14135b. Collection and use of DNA identification information

from certain District of Columbia offenders

-STATUTE-

(a) Collection of DNA samples

(1) From individuals in custody

The Director of the Bureau of Prisons shall collect a DNA

sample from each individual in the custody of the Bureau of

Prisons who is, or has been, convicted of a qualifying District

of Columbia offense (as determined under subsection (d) of this

section).

(2) From individuals on release, parole, or probation

The Director of the Court Services and Offender Supervision

Agency for the District of Columbia shall collect a DNA sample

from each individual under the supervision of the Agency who is

on supervised release, parole, or probation who is, or has been,

convicted of a qualifying District of Columbia offense (as

determined under subsection (d) of this section).

(3) Individuals already in CODIS

For each individual described in paragraph (1) or (2), if the

Combined DNA Index System (in this section referred to as

"CODIS") of the Federal Bureau of Investigation contains a DNA

analysis with respect to that individual, the Director of the

Bureau of Prisons or Agency (as applicable) may (but need not)

collect a DNA sample from that individual.

(4) Collection procedures

(A) The Director of the Bureau of Prisons or Agency (as

applicable) may use or authorize the use of such means as are

reasonably necessary to detain, restrain, and collect a DNA

sample from an individual who refuses to cooperate in the

collection of the sample.

(B) The Director of the Bureau of Prisons or Agency, as

appropriate, may enter into agreements with units of State or

local government or with private entities to provide for the

collection of the samples described in paragraph (1) or (2).

(5) Criminal penalty

An individual from whom the collection of a DNA sample is

authorized under this subsection who fails to cooperate in the

collection of that sample shall be -

(A) guilty of a class A misdemeanor; and

(B) punished in accordance with title 18.

(b) Analysis and use of samples

The Director of the Bureau of Prisons or Agency (as applicable)

shall furnish each DNA sample collected under subsection (a) of

this section to the Director of the Federal Bureau of

Investigation, who shall carry out a DNA analysis on each such DNA

sample and include the results in CODIS.

In this section:

(1) The term "DNA sample" means a tissue, fluid, or other

bodily sample of an individual on which a DNA analysis can be

carried out.

(2) The term "DNA analysis" means analysis of the

deoxyribonucleic acid (DNA) identification information in a

bodily sample.

(d) Qualifying District of Columbia offenses

The government of the District of Columbia may determine those

offenses under the District of Columbia Code that shall be treated

for purposes of this section as qualifying District of Columbia

offenses.

(e) Commencement of collection

Collection of DNA samples under subsection (a) of this section

shall, subject to the availability of appropriations, commence not

later than the date that is 180 days after December 19, 2000.

(f) Authorization of appropriations

There are authorized to be appropriated to the Court Services and

Offender Supervision Agency for the District of Columbia to carry

out this section such sums as may be necessary for each of fiscal

years 2001 through 2005.

-SOURCE-

(Pub. L. 106-546, Sec. 4, Dec. 19, 2000, 114 Stat. 2730.)

-COD-

CODIFICATION

Section was enacted as part of the DNA Analysis Backlog

Elimination Act of 2000, and not as part of the Violent Crime

Control and Law Enforcement Act of 1994 which enacted this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14132, 14135c, 14135e of

this title; title 10 section 1565; title 18 section 4209.

-End-

-CITE-

42 USC Sec. 14135c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

Part A - DNA Identification

-HEAD-

Sec. 14135c. Conditions of release generally

-STATUTE-

If the collection of a DNA sample from an individual on

probation, parole, or supervised release is authorized pursuant to

section 14135a or 14135b of this title or section 1565 of title 10,

the individual shall cooperate in the collection of a DNA sample as

a condition of that probation, parole, or supervised release.

-SOURCE-

(Pub. L. 106-546, Sec. 7(d), Dec. 19, 2000, 114 Stat. 2734.)

-COD-

CODIFICATION

Section was enacted as part of the DNA Analysis Backlog

Elimination Act of 2000, and not as part of the Violent Crime

Control and Law Enforcement Act of 1994 which enacted this chapter.

-End-

-CITE-

42 USC Sec. 14135d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

Part A - DNA Identification

-HEAD-

Sec. 14135d. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Attorney General

to carry out this Act (including to reimburse the Federal judiciary

for any reasonable costs incurred in implementing such Act, as

determined by the Attorney General) such sums as may be necessary.

-SOURCE-

(Pub. L. 106-546, Sec. 9, Dec. 19, 2000, 114 Stat. 2735.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 106-546, Dec. 19, 2000,

114 Stat. 2726, known as the DNA Analysis Backlog Elimination Act

of 2000. For complete classification of this Act to the Code, see

Short Title of 2000 Amendments note set out under section 13701 of

this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the DNA Analysis Backlog

Elimination Act of 2000, and not as part of the Violent Crime

Control and Law Enforcement Act of 1994 which enacted this chapter.

-End-

-CITE-

42 USC Sec. 14135e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

Part A - DNA Identification

-HEAD-

Sec. 14135e. Privacy protection standards

-STATUTE-

(a) In general

Except as provided in subsection (b) of this section, any sample

collected under, or any result of any analysis carried out under,

section 14135, 14135a, or 14135b of this title may be used only for

a purpose specified in such section.

(b) Permissive uses

A sample or result described in subsection (a) of this section

may be disclosed under the circumstances under which disclosure of

information included in the Combined DNA Index System is allowed,

as specified in subparagraphs (A) through (D) of section

14132(b)(3) of this title.

A person who knowingly -

(1) discloses a sample or result described in subsection (a) of

this section in any manner to any person not authorized to

receive it; or

(2) obtains, without authorization, a sample or result

described in subsection (a) of this section,

shall be fined not more than $100,000.

-SOURCE-

(Pub. L. 106-546, Sec. 10, Dec. 19, 2000, 114 Stat. 2735.)

-COD-

CODIFICATION

Section was enacted as part of the DNA Analysis Backlog

Elimination Act of 2000, and not as part of the Violent Crime

Control and Law Enforcement Act of 1994 which enacted this chapter.

-End-

-CITE-

42 USC Part B - Police Pattern or Practice 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

Part B - Police Pattern or Practice

-HEAD-

PART B - POLICE PATTERN OR PRACTICE

-End-

-CITE-

42 USC Sec. 14141 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

Part B - Police Pattern or Practice

-HEAD-

Sec. 14141. Cause of action

-STATUTE-

(a) Unlawful conduct

It shall be unlawful for any governmental authority, or any agent

thereof, or any person acting on behalf of a governmental

authority, to engage in a pattern or practice of conduct by law

enforcement officers or by officials or employees of any

governmental agency with responsibility for the administration of

juvenile justice or the incarceration of juveniles that deprives

persons of rights, privileges, or immunities secured or protected

by the Constitution or laws of the United States.

(b) Civil action by Attorney General

Whenever the Attorney General has reasonable cause to believe

that a violation of paragraph (1) (!1) has occurred, the Attorney

General, for or in the name of the United States, may in a civil

action obtain appropriate equitable and declaratory relief to

eliminate the pattern or practice.

-SOURCE-

(Pub. L. 103-322, title XXI, Sec. 210401, Sept. 13, 1994, 108 Stat.

2071.)

-FOOTNOTE-

(!1) So in original. Probably should be "subsection (a) of this

section".

-End-

-CITE-

42 USC Sec. 14142 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

Part B - Police Pattern or Practice

-HEAD-

Sec. 14142. Data on use of excessive force

-STATUTE-

(a) Attorney General to collect

The Attorney General shall, through appropriate means, acquire

data about the use of excessive force by law enforcement officers.

(b) Limitation on use of data

Data acquired under this section shall be used only for research

or statistical purposes and may not contain any information that

may reveal the identity of the victim or any law enforcement

officer.

The Attorney General shall publish an annual summary of the data

acquired under this section.

-SOURCE-

(Pub. L. 103-322, title XXI, Sec. 210402, Sept. 13, 1994, 108 Stat.

2071.)

-End-

-CITE-

42 USC Part C - Improved Training and Technical

Automation 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

Part C - Improved Training and Technical Automation

-HEAD-

PART C - IMPROVED TRAINING AND TECHNICAL AUTOMATION

-End-

-CITE-

42 USC Sec. 14151 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

Part C - Improved Training and Technical Automation

-HEAD-

Sec. 14151. Improved training and technical automation

-STATUTE-

(a) Grants

(1) In general

The Attorney General shall, subject to the availability of

appropriations, make grants to State, Indian tribal, and local

criminal justice agencies and to nonprofit organizations for the

purposes of improving criminal justice agency efficiency through

computerized automation and technological improvements.

(2) Types of programs

Grants under this section may include programs to -

(A) increase use of mobile digital terminals;

(B) improve communications systems, such as computer-aided

dispatch and incident reporting systems;

(D) establish or improve ballistics identification programs;

(E) increase the application of automated fingerprint

identification systems and their communications on an

interstate and intrastate basis; and

(F) improve computerized collection of criminal records.

(3) Funding

No funds under this part may be used to implement any

cryptographic or digital telephony programs.

(b) Training and investigative assistance

(1) In general

The Attorney General shall, subject to the availability of

appropriations -

(A) expand and improve investigative and managerial training

courses for State, Indian tribal, and local law enforcement

agencies; and

(B) develop and implement, on a pilot basis with no more than

10 participating cities, an intelligent information system that

gathers, integrates, organizes, and analyzes information in

active support of investigations by Federal, State, and local

law enforcement agencies of violent serial crimes.

(2) Improvement of facilities

The improvement described in subsection (a) of this section

shall include improvements of the training facilities of the

Federal Bureau of Investigation Academy at Quantico, Virginia.

(3) Intelligent information system

The intelligent information system described in paragraph

(1)(B) shall be developed and implemented by the Federal Bureau

of Investigation and shall utilize the resources of the Violent

Criminal Apprehension Program.

There are authorized to be appropriated -

(1) to carry out subsection (a) of this section -

(A) $10,000,000 for fiscal year 1996;

(B) $20,000,000 for fiscal year 1997;

(D) $23,000,000 for fiscal year 1999; and

(E) $24,000,000 for fiscal year 2000.(!1)

(2) to carry out subsection (b)(1) of this section -

(A) $4,000,000 for fiscal year 1996;

(B) $2,000,000 for fiscal year 1997;

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

(E) $6,000,000 for fiscal year 2000; and

(3) to carry out subsection (b)(2) of this section -

$10,000,000 for fiscal year 1996.

(d) Definitions

In this section -

"Indian tribe" means a tribe, band, pueblo, nation, or other

organized group or community of Indians, including an Alaska

Native village (as defined in or established under the Alaska

Native Claims Settlement Act (43 U.S.C. 1601 et seq.),(!2) that

is recognized as eligible for the special programs and services

provided by the United States to Indians because of their status

as Indians.

"State" means a State, the District of Columbia, the

Commonwealth of Puerto Rico, the Commonwealth of the Northern

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

Virgin Islands.

-SOURCE-

(Pub. L. 103-322, title XXI, Sec. 210501, Sept. 13, 1994, 108 Stat.

2072.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in subsec.

(d), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

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

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

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

43 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.

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

precede the comma.

-End-

-CITE-

42 USC Part D - Other State and Local Aid 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

Part D - Other State and Local Aid

-HEAD-

PART D - OTHER STATE AND LOCAL AID

-End-

-CITE-

42 USC Sec. 14161 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

Part D - Other State and Local Aid

-HEAD-

Sec. 14161. Federal assistance to ease increased burdens on State

court systems

-STATUTE-

(a) In general

The Attorney General shall, subject to the availability of

appropriation, make grants for States and units of local government

to pay the costs of providing increased resources for courts,

prosecutors, public defenders, and other criminal justice

participants as necessary to meet the increased demands for

judicial activities resulting from the provisions of this Act and

amendments made by this Act.

(b) Applications

In carrying out this section, the Attorney General may make

grants to, or enter into contracts with public or private agencies,

institutions, or organizations or individuals to carry out any

purpose specified in this section. The Attorney General shall have

final authority over all funds awarded under this section.

Each recipient that receives a grant under this section shall

keep such records as the Attorney General may require to facilitate

an effective audit.

(d) Authorization of appropriations

There are authorized to be appropriated to carry out this section

(1) $23,000,000 for fiscal year 1996;

(2) $30,000,000 for fiscal year 1997;

(3) $30,000,000 for fiscal year 1998;

(4) $32,000,000 for fiscal year 1999; and

(5) $35,000,000 for fiscal year 2000,

to remain available for obligation until expended.

-SOURCE-

(Pub. L. 103-322, title XXI, Sec. 210602, Sept. 13, 1994, 108 Stat.

2073.)

-REFTEXT-

REFERENCES IN TEXT

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

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

Law Enforcement Act of 1994. For complete classification of this

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

of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC SUBCHAPTER X - MOTOR VEHICLE THEFT PREVENTION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER X - MOTOR VEHICLE THEFT PREVENTION

-HEAD-

SUBCHAPTER X - MOTOR VEHICLE THEFT PREVENTION

-End-

-CITE-

42 USC Sec. 14171 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER X - MOTOR VEHICLE THEFT PREVENTION

-HEAD-

Sec. 14171. Motor vehicle theft prevention program

-STATUTE-

(a) In general

Not later than 180 days after September 13, 1994, the Attorney

General shall develop, in cooperation with the States, a national

voluntary motor vehicle theft prevention program (in this section

referred to as the "program") under which -

(1) the owner of a motor vehicle may voluntarily sign a consent

form with a participating State or locality in which the motor

vehicle owner -

(A) states that the vehicle is not normally operated under

certain specified conditions; and

(B) agrees to -

(i) display program decals or devices on the owner's

vehicle; and

(ii) permit law enforcement officials in any State to stop

the motor vehicle and take reasonable steps to determine

whether the vehicle is being operated by or with the

permission of the owner, if the vehicle is being operated

under the specified conditions; and

(2) participating States and localities authorize law

enforcement officials in the State or locality to stop motor

vehicles displaying program decals or devices under specified

conditions and take reasonable steps to determine whether the

vehicle is being operated by or with the permission of the owner.

(b) Uniform decal or device designs

(1) In general

The motor vehicle theft prevention program developed pursuant

to this section shall include a uniform design or designs for

decals or other devices to be displayed by motor vehicles

participating in the program.

(2) Type of design

The uniform design shall -

(A) be highly visible; and

(B) explicitly state that the motor vehicle to which it is

affixed may be stopped under the specified conditions without

additional grounds for establishing a reasonable suspicion that

the vehicle is being operated unlawfully.

The voluntary consent form used to enroll in the program shall -

(1) clearly state that participation in the program is

voluntary;

(2) clearly explain that participation in the program means

that, if the participating vehicle is being operated under the

specified conditions, law enforcement officials may stop the

vehicle and take reasonable steps to determine whether it is

being operated by or with the consent of the owner, even if the

law enforcement officials have no other basis for believing that

the vehicle is being operated unlawfully;

(3) include an express statement that the vehicle is not

normally operated under the specified conditions and that the

operation of the vehicle under those conditions would provide

sufficient grounds for a prudent law enforcement officer to

reasonably believe that the vehicle was not being operated by or

with the consent of the owner; and

(4) include any additional information that the Attorney

General may reasonably require.

(d) Specified conditions under which stops may be authorized

(1) In general

The Attorney General shall promulgate rules establishing the

conditions under which participating motor vehicles may be

authorized to be stopped under this section. These conditions may

not be based on race, creed, color, national origin, gender, or

age. These conditions may include -

(A) the operation of the vehicle during certain hours of the

day; or

(B) the operation of the vehicle under other circumstances

that would provide a sufficient basis for establishing a

reasonable suspicion that the vehicle was not being operated by

the owner, or with the consent of the owner.

(2) More than one set of conditions

The Attorney General may establish more than one set of

conditions under which participating motor vehicles may be

stopped. If more than one set of conditions is established, a

separate consent form and a separate design for program decals or

devices shall be established for each set of conditions. The

Attorney General may choose to satisfy the requirement of a

separate design for program decals or devices under this

paragraph by the use of a design color that is clearly

distinguishable from other design colors.

(3) No new conditions without consent

After the program has begun, the conditions under which a

vehicle may be stopped if affixed with a certain decal or device

design may not be expanded without the consent of the owner.

(4) Limited participation by States and localities

A State or locality need not authorize the stopping of motor

vehicles under all sets of conditions specified under the program

in order to participate in the program.

(e) Motor vehicles for hire

(1) Notification to lessees

Any person who is in the business of renting or leasing motor

vehicles and who rents or leases a motor vehicle on which a

program decal or device is affixed shall, prior to transferring

possession of the vehicle, notify the person to whom the motor

vehicle is rented or leased about the program.

(2) Type of notice

The notice required by this subsection shall -

(A) be in writing;

(B) be in a prominent format to be determined by the Attorney

General; and

operated under the specified conditions, the vehicle may be

stopped by law enforcement officials even if the officials have

no other basis for believing that the vehicle is being operated

unlawfully.

(3) Fine for failure to provide notice

Failure to provide proper notice under this subsection shall be

punishable by a fine not to exceed $5,000.

(f) Notification of police

As a condition of participating in the program, a State or

locality must agree to take reasonable steps to ensure that law

enforcement officials throughout the State or locality are familiar

with the program, and with the conditions under which motor

vehicles may be stopped under the program.

(g) Regulations

The Attorney General shall promulgate regulations to implement

this section.

(h) Authorization of appropriations

There are authorized to carry out this section.(!1)

(1) $1,500,000 for fiscal year 1996;

(2) $1,700,000 for fiscal year 1997; and

(3) $1,800,000 for fiscal year 1998.

-SOURCE-

(Pub. L. 103-322, title XXII, Sec. 220002, Sept. 13, 1994, 108

Stat. 2074.)

-MISC1-

SHORT TITLE

For short title of this subchapter as the "Motor Vehicle Theft

Prevention Act", see section 220001 of Pub. L. 103-322, set out as

a note under section 13701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

(!1) So in original. The period probably should be a dash.

-End-

-CITE-

42 USC SUBCHAPTER XI - PROTECTIONS FOR THE ELDERLY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XI - PROTECTIONS FOR THE ELDERLY

-HEAD-

SUBCHAPTER XI - PROTECTIONS FOR THE ELDERLY

-End-

-CITE-

42 USC Sec. 14181 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XI - PROTECTIONS FOR THE ELDERLY

-HEAD-

Sec. 14181. Missing Alzheimer's Disease Patient Alert Program

-STATUTE-

(a) Grant

The Attorney General shall, subject to the availability of

appropriations, award a grant to an eligible organization to assist

the organization in paying for the costs of planning, designing,

establishing, and operating a Missing Alzheimer's Disease Patient

Alert Program, which shall be a locally based, proactive program to

protect and locate missing patients with Alzheimer's disease and

related dementias.

(b) Application

To be eligible to receive a grant under subsection (a) of this

section, an organization shall submit an application to the

Attorney General at such time, in such manner, and containing such

information as the Attorney General may require, including, at a

minimum, an assurance that the organization will obtain and use

assistance from private nonprofit organizations to support the

program.

The Attorney General shall award the grant described in

subsection (a) of this section to a national voluntary organization

that has a direct link to patients, and families of patients, with

Alzheimer's disease and related dementias.

(d) Authorization of appropriations

There are authorized to be appropriated to carry out this section

(1) $900,000 for fiscal year 1996;

(2) $900,000 for fiscal year 1997; and

(3) $900,000 for fiscal year 1998.

-SOURCE-

(Pub. L. 103-322, title XXIV, Sec. 240001, Sept. 13, 1994, 108

Stat. 2080.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC SUBCHAPTER XII - PRESIDENTIAL SUMMIT ON VIOLENCE

AND NATIONAL COMMISSION ON CRIME PREVENTION

AND CONTROL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XII - PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL

COMMISSION ON CRIME PREVENTION AND CONTROL

-HEAD-

SUBCHAPTER XII - PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL

COMMISSION ON CRIME PREVENTION AND CONTROL

-End-

-CITE-

42 USC Sec. 14191 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XII - PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL

COMMISSION ON CRIME PREVENTION AND CONTROL

-HEAD-

Sec. 14191. Presidential summit

-STATUTE-

Congress calls on the President to convene a national summit on

violence in America prior to convening the Commission established

under this subchapter.

-SOURCE-

(Pub. L. 103-322, title XXVII, Sec. 270001, Sept. 13, 1994, 108

Stat. 2089.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14198 of this title.

-End-

-CITE-

42 USC Sec. 14192 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XII - PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL

COMMISSION ON CRIME PREVENTION AND CONTROL

-HEAD-

Sec. 14192. Establishment; committees and task forces;

representation

-STATUTE-

(a) Establishment and appointment of members

There is established a commission to be known as the "National

Commission on Crime Control and Prevention". The Commission shall

be composed of 28 members appointed as follows:

(1) 10 persons by the President, not more than 6 of whom shall

be of the same major political party.

(2) 9 persons by the President pro tempore of the Senate, 5 of

whom shall be appointed on the recommendation of the Majority

Leader of the Senate and the chairman of the Committee on the

Judiciary of the Senate, and 4 of whom shall be appointed on the

recommendation of the Minority Leader of the Senate and the

ranking minority member of the Committee on the Judiciary of the

Senate.

(3) 9 persons appointed by the Speaker of the House of

Representatives, in consultation with the chairman of the

Committee on the Judiciary of the House of Representatives, and 4

of whom shall be appointed on the recommendation of the Minority

Leader of the House of Representatives, in consultation with the

ranking member of the Committee on the Judiciary.

(b) Committees and task forces

The Commission shall establish committees or task forces from

among its members for the examination of specific subject areas and

the carrying out of other functions or responsibilities of the

Commission, including committees or task forces for the examination

of the subject areas of crime and violence generally, the causes of

the demand for drugs, violence in schools, and violence against

women, as described in subsections (b) through (e) of section 14194

of this title.

(1) At least 1 member of the Commission appointed by the

President, at least 2 members of the Commission appointed by the

President pro tempore of the Senate, and at least 2 members of the

Commission appointed by the Speaker of the House of Representatives

shall be persons well-qualified to participate in the Commission's

examination of the subject area of crime and violence generally,

with education, training, expertise, or experience in such areas as

law enforcement, law, sociology, psychology, social work, and

ethnography and urban poverty (including health care, housing,

education, and employment).

(2) At least 1 member of the Commission appointed by the

President, at least 2 members of the Commission appointed by the

President pro tempore of the Senate, and at least 2 members of the

Commission appointed by the Speaker of the House of Representatives

shall be persons well-qualified to participate in the Commission's

examination of the subject area of the causes of the demand for

drugs, with education, training, expertise, or experience in such

areas as addiction, biomedicine, sociology, psychology, law, and

ethnography and urban poverty (including health care, housing,

education, and employment).

(3) At least 1 member of the Commission appointed by the

President, at least 2 members of the Commission appointed by the

President pro tempore of the Senate, and at least 2 members of the

Commission appointed by the Speaker of the House of Representatives

shall be persons well-qualified to participate in the Commission's

examination of the subject area of violence in schools, with

education, training, expertise, or experience in such areas as law

enforcement, education, school governance policy and teaching, law,

sociology, psychology, and ethnography and urban poverty (including

health care, housing, education, and employment).

(4) At least 1 member of the Commission appointed by the

President, at least 2 members of the Commission appointed by the

President pro tempore of the Senate, and at least 2 members of the

Commission appointed by the Speaker of the House of Representatives

shall be persons well-qualified to participate in the Commission's

examination of the subject area of violence against women, as

survivors of violence, or as persons with education, training,

expertise, or experience in such areas as law enforcement, law,

judicial administration, prosecution, defense, victim services or

advocacy in sexual assault or domestic violence cases (including

medical services and counseling), and protection of victims'

rights.

-SOURCE-

(Pub. L. 103-322, title XXVII, Sec. 270002, Sept. 13, 1994, 108

Stat. 2089.)

-End-

-CITE-

42 USC Sec. 14193 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XII - PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL

COMMISSION ON CRIME PREVENTION AND CONTROL

-HEAD-

Sec. 14193. Purposes

-STATUTE-

The purposes of the Commission are as follows:

(1) To develop a comprehensive proposal for preventing and

controlling crime and violence in the United States, including

cost estimates for implementing any recommendations made by the

Commission.

(2) To bring attention to successful models and programs in

crime prevention and crime control.

(3) To reach out beyond the traditional criminal justice

community for ideas for controlling and preventing crime.

(4) To recommend improvements in the coordination of local,

State, Federal, and international crime control and prevention

efforts, including efforts relating to crime near international

borders.

(5) To make a comprehensive study of the economic and social

factors leading to or contributing to crime and violence,

including the causes of illicit drug use and other substance

abuse, and to develop specific proposals for legislative and

administrative actions to reduce crime and violence and the

factors that contribute to it.

(6) To recommend means of utilizing criminal justice resources

as effectively as possible, including targeting finite

correctional facility space to the most serious and violent

offenders, and considering increased use of intermediate

sanctions for offenders who can be dealt with adequately by such

means.

(7) To examine distinctive crime problems and the impact of

crime on members of minority groups, Indians living on

reservations, and other groups defined by race, ethnicity,

religion, age, disability, or other characteristics, and to

recommend specific responses to the distinctive crime problems of

such groups.

(8) To examine the problem of sexual assaults, domestic

violence, and other criminal and unlawful acts that particularly

affect women, and to recommend Federal, State, and local

strategies for more effectively preventing and punishing such

crimes and acts.

(9) To examine the treatment of victims in Federal, State, and

local criminal justice systems, and to develop recommendations to

enhance and protect the rights of victims.

(10) To examine the ability of Federal, State, and local

criminal justice systems to administer criminal law and criminal

sanctions impartially without discrimination on the basis of

race, ethnicity, religion, gender, or other legally proscribed

grounds, and to make recommendations for correcting any

deficiencies in the impartial administration of justice on these

grounds.

(11) To examine the nature, scope, causes, and complexities of

violence in schools and to recommend a comprehensive response to

that problem.

-SOURCE-

(Pub. L. 103-322, title XXVII, Sec. 270003, Sept. 13, 1994, 108

Stat. 2091.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14194 of this title.

-End-

-CITE-

42 USC Sec. 14194 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XII - PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL

COMMISSION ON CRIME PREVENTION AND CONTROL

-HEAD-

Sec. 14194. Responsibilities of Commission

-STATUTE-

(a) In general

The responsibilities of the Commission shall include such study

and consultation as may be necessary or appropriate to carry out

the purposes set forth in section 14193 of this title, including

the specific measures described in subsections (b) through (e) of

this section in relation to the subject areas addressed in those

subsections.

(b) Crime and violence generally

In addressing the subject of crime and violence generally, the

activities of the Commission shall include the following:

(1) Reviewing the effectiveness of traditional criminal justice

approaches in preventing and controlling crime and violence.

(2) Examining the impact that changes in Federal and State law

have had in controlling crime and violence.

(3) Examining the impact of changes in Federal immigration laws

and policies and increased development and growth along United

States international borders on crime and violence in the United

States, particularly among the Nation's youth.

(4) Examining the problem of youth gangs and providing

recommendations as to how to reduce youth involvement in violent

crime.

(5) Examining the extent to which the use of dangerous weapons

in the commission of crime has contributed to violence and murder

in the United States.

(6) Convening field hearings in various regions of the country

to receive testimony from a cross section of criminal justice

professionals, business leaders, elected officials, medical

doctors, and other persons who wish to participate.

(7) Reviewing all segments of the Nation's criminal justice

systems, including the law enforcement, prosecution, defense,

judicial, and corrections components in developing the crime

control and prevention proposal.

In addressing the subject of the causes of the demand for drugs,

the activities of the Commission shall include the following:

(1) Examining the root causes of illicit drug use and abuse in

the United States, including by compiling existing research

regarding those root causes, and including consideration of the

following factors:

(A) The characteristics of potential illicit drug users and

abusers or drug traffickers, including age and social,

economic, and educational backgrounds.

(B) Environmental factors that contribute to illicit drug use

and abuse, including the correlation between unemployment,

poverty, and homelessness and drug experimentation and abuse.

friend in contributing to the likelihood and desire of an

individual to experiment with illicit drugs.

(D) Aspects of, and changes in cultural values, attitudes and

traditions that contribute to illicit drug use and abuse.

(E) The physiological and psychological factors that

contribute to the desire for illicit drugs.

(2) Evaluating Federal, State, and local laws and policies on

the prevention of drug abuse, control of unlawful production,

distribution and use of controlled substances, and the efficacy

of sentencing policies with regard to those laws.

(3) Analyzing the allocation of resources among interdiction of

controlled substances entering the United States, enforcement of

Federal laws relating to the unlawful production, distribution,

and use of controlled substances, education with regard to and

the prevention of the unlawful use of controlled substances, and

treatment and rehabilitation of drug abusers.

(4) Analyzing current treatment and rehabilitation methods and

making recommendations for improvements.

(5) Identifying any existing gaps in drug abuse policy that

result from the lack of attention to the root causes of drug

abuse.

(6) Assessing the needs of government at all levels for

resources and policies for reducing the overall desire of

individuals to experiment with and abuse illicit drugs.

(7) Making recommendations regarding necessary improvements in

policies for reducing the use of illicit drugs in the United

States.

(d) Violence in schools

In addressing the subject of violence in schools, the activities

of the Commission shall include the following:

(1) Defining the causes of violence in schools.

(2) Defining the scope of the national problem of violence in

schools.

(3) Providing statistics and data on the problem of violence in

schools on a State-by-State basis.

(4) Investigating the problem of youth gangs and their relation

to violence in schools and providing recommendations on how to

reduce youth involvement in violent crime in schools.

(5) Examining the extent to which dangerous weapons have

contributed to violence and murder in schools.

(6) Exploring the extent to which the school environment has

contributed to violence in schools.

(7) Reviewing the effectiveness of current approaches in

preventing violence in schools.

(e) Violence against women

In addressing the subject of sexual assault, domestic violence,

and other criminal and unlawful acts that particularly affect

women, the activities of the Commission shall include the

following:

(1) Evaluating the adequacy of, and making recommendations

regarding, current law enforcement efforts at the Federal, State,

and local levels to reduce the incidence of such crimes and acts,

and to punish those responsible for such crimes and acts.

(2) Evaluating the adequacy of, and making recommendations

regarding, the responsiveness of prosecutors and courts to such

crimes and acts.

(3) Evaluating the adequacy of rules of evidence, practice, and

procedure to ensure the effective prosecution and conviction of

perpetrators of such crimes and acts and to protect victims of

such crimes and acts from abuse in legal proceedings, making

recommendations, where necessary, to improve those rules.

(4) Evaluating the adequacy of pretrial release, sentencing,

incarceration, and post-conviction release in relation to such

crimes and acts.

(5) Evaluating the adequacy of, and making recommendations

regarding, the adequacy of Federal and State laws on sexual

assault and the need for a more uniform statutory response to sex

offenses, including sexual assaults and other sex offenses

committed by offenders who are known or related by blood or

marriage to the victim.

(6) Evaluating the adequacy of, and making recommendations

regarding, the adequacy of Federal and State laws on domestic

violence and the need for a more uniform statutory response to

domestic violence.

(7) Evaluating the adequacy of, and making recommendations

regarding, the adequacy of current education, prevention, and

protective services for victims of such crimes and acts.

(8) Assessing the issuance, formulation, and enforcement of

protective orders, whether or not related to a criminal

proceeding, and making recommendations for their more effective

use in domestic violence and stalking cases.

(9) Assessing the problem of stalking and recommending

effective means of response to the problem.

(10) Evaluating the adequacy of, and making recommendations

regarding, programs for public awareness and public dissemination

of information to prevent such crimes and acts.

(11) Evaluating the treatment of victims of such crimes and

acts in Federal, State, and local criminal justice systems, and

making recommendations designed to improve such treatment.

-SOURCE-

(Pub. L. 103-322, title XXVII, Sec. 270004, Sept. 13, 1994, 108

Stat. 2092.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14192 of this title.

-End-

-CITE-

42 USC Sec. 14195 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XII - PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL

COMMISSION ON CRIME PREVENTION AND CONTROL

-HEAD-

Sec. 14195. Administrative matters

-STATUTE-

(a) Chair

The President shall designate a member of the Commission to chair

the Commission.

(b) No additional pay or benefits; per diem

Members of the Commission shall receive no pay or benefits by

reason of their service on the Commission, but shall receive travel

expenses, including per diem in lieu of subsistence, at rates

authorized for employees of agencies under sections 5702 and 5703

of title 5.

Vacancies on the Commission shall be filled in the same manner as

initial appointments.

(d) Meetings open to public

The Commission shall be considered to be an agency for the

purposes of section 552b of title 5 relating to the requirement

that meetings of Federal agencies be open to the public.

-SOURCE-

(Pub. L. 103-322, title XXVII, Sec. 270005, Sept. 13, 1994, 108

Stat. 2094.)

-End-

-CITE-

42 USC Sec. 14196 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XII - PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL

COMMISSION ON CRIME PREVENTION AND CONTROL

-HEAD-

Sec. 14196. Staff and support services

-STATUTE-

(a) Director

With the approval of the Commission, the chairperson shall

appoint a staff director for the Commission.

(b) Staff

With the approval of the Commission, the staff director may

appoint and fix the compensation of staff personnel for the

Commission.

The staff of the Commission shall be appointed without regard to

the provisions of title 5 governing appointments in the competitive

service. Staff compensation may be set without regard to the

provisions of chapter 51 and subchapter III of chapter 53 of that

title relating to classification and General Schedule pay rates,

but in no event shall any such personnel be compensated at a rate

greater than the rate of basic pay for level ES-4 of the Senior

Executive Service Schedule under section 5382 of that title. The

staff director shall be paid at a rate not to exceed the rate of

basic pay for level V of the Executive Schedule.

(d) Consultants

With the approval of the Commission, the staff director may

procure temporary and intermittent services under section 3109(b)

of title 5.

(e) Staff of Federal agencies

Upon the request of the Commission, the head of any Federal

agency may detail, on a reimbursable basis, personnel of that

agency to the Commission to assist in carrying out its duties.

(f) Physical facilities

The Administrator of the General Service Administration shall

provide suitable office space for the operation of the Commission.

The facilities shall serve as the headquarters of the Commission

and shall include all necessary equipment and incidentals required

for proper functioning.

-SOURCE-

(Pub. L. 103-322, title XXVII, Sec. 270006, Sept. 13, 1994, 108

Stat. 2094.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (c), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

Level V of the Executive Schedule, referred to in subsec. (c), is

set out in section 5316 of Title 5.

-End-

-CITE-

42 USC Sec. 14197 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XII - PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL

COMMISSION ON CRIME PREVENTION AND CONTROL

-HEAD-

Sec. 14197. Powers

-STATUTE-

(a) Hearings

For the purposes of carrying out this subchapter, the Commission

may conduct such hearings, sit and act at such times and places,

take such testimony, and receive such evidence, as the Commission

considers appropriate. The Commission may administer oaths before

the Commission.

(b) Delegation

Any committee, task force, member, or agent, of the Commission

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

Commission is authorized to take under this subchapter.

The Commission may request directly from any Federal agency or

entity in the executive or legislative branch such information as

is needed to carry out its functions.

(d) Mail

The Commission may use the United States mails in the same manner

and under the same conditions as other Federal agencies.

-SOURCE-

(Pub. L. 103-322, title XXVII, Sec. 270007, Sept. 13, 1994, 108

Stat. 2095.)

-End-

-CITE-

42 USC Sec. 14198 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XII - PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL

COMMISSION ON CRIME PREVENTION AND CONTROL

-HEAD-

Sec. 14198. Report; termination

-STATUTE-

Not later than 2 years after the date on which the Commission is

fully constituted under section 14191 of this title, the Commission

shall submit a detailed report to the Congress and the President

containing its findings and recommendations. The Commission shall

terminate 30 days after the submission of its report.

-SOURCE-

(Pub. L. 103-322, title XXVII, Sec. 270008, Sept. 13, 1994, 108

Stat. 2095.)

-End-

-CITE-

42 USC Sec. 14199 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XII - PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL

COMMISSION ON CRIME PREVENTION AND CONTROL

-HEAD-

Sec. 14199. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this

subchapter -

(1) (!1) $1,000,000 for fiscal year 1996.

-SOURCE-

(Pub. L. 103-322, title XXVII, Sec. 270009, Sept. 13, 1994, 108

Stat. 2095.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

(!1) So in original. No par. (2) has been enacted.

-End-

-CITE-

42 USC SUBCHAPTER XIII - VIOLENT CRIME REDUCTION TRUST

FUND 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XIII - VIOLENT CRIME REDUCTION TRUST FUND

-HEAD-

SUBCHAPTER XIII - VIOLENT CRIME REDUCTION TRUST FUND

-End-

-CITE-

42 USC Sec. 14211 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XIII - VIOLENT CRIME REDUCTION TRUST FUND

-HEAD-

Sec. 14211. Creation of Violent Crime Reduction Trust Fund

-STATUTE-

(a) Violent Crime Reduction Trust Fund

There is established a separate account in the Treasury, known as

the "Violent Crime Reduction Trust Fund" (referred to in this

section as the "Fund") into which shall be transferred, in

accordance with subsection (b) of this section, savings realized

from implementation of section 5 of the Federal Workforce

Restructuring Act of 1994 (5 U.S.C. 3101 note; Public Law 103-226).

(b) Transfers into Fund

On the first day of the following fiscal years (or as soon

thereafter as possible for fiscal year 1995), the following amounts

shall be transferred from the general fund to the Fund -

(1) for fiscal year 1995, $2,423,000,000;

(2) for fiscal year 1996, $4,287,000,000;

(3) for fiscal year 1997, $5,000,000,000;

(4) for fiscal year 1998, $5,500,000,000;

(5) for fiscal year 1999, $6,500,000,000; and

(6) for fiscal year 2000, $6,500,000,000.

(1) Amounts in the Fund may be appropriated exclusively for the

purposes authorized in this Act and for those expenses authorized

by any Act enacted before this Act that are expressly qualified for

expenditure from the Fund.

(2) Amounts appropriated under paragraph (1) and outlays flowing

from such appropriations shall not be taken into account for

purposes of any budget enforcement procedures under the Balanced

Budget and Emergency Deficit Control Act of 1985 except section

251A (!1) of that Act as added by subsection (g), or for purposes

of section 665d(b) (!1) of title 2. Amounts of new budget authority

and outlays under paragraph (1) that are included in concurrent

resolutions on the budget shall not be taken into account for

purposes of sections 665(b), 665e(b), and 665e(c) of title 2,(!1)

or for purposes of section 24 of House Concurrent Resolution 218

(One Hundred Third Congress).

-SOURCE-

(Pub. L. 103-322, title XXXI, Sec. 310001(a)-(c), Sept. 13, 1994,

108 Stat. 2102, 2103.)

-REFTEXT-

REFERENCES IN TEXT

This section, referred to in subsec. (a), is section 310001 of

Pub. L. 103-322, which enacted this section and section 901a of

Title 2, The Congress, and amended sections 665a and 904 of Title 2

and sections 1105 and 1321 of Title 31, Money and Finance.

This Act, referred to in subsec. (c)(1), is Pub. L. 103-322,

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

and Law Enforcement Act of 1994. For complete classification of

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

13701 of this title and Tables.

The Balanced Budget and Emergency Deficit Control Act of 1985,

referred to in subsec. (c)(2), is title II of Pub. L. 99-177, Dec.

12, 1985, 99 Stat. 1038, as amended, which enacted chapter 20 (Sec.

900 et seq.) and sections 654 to 656 of Title 2, The Congress,

amended section 911 of this title, sections 602, 622, 631 to 642,

and 651 to 653 of Title 2, and sections 1104 to 1106, and 1109 of

Title 31, Money and Finance, repealed section 661 of Title 2,

enacted provisions set out as notes under section 911 of this title

and section 900 of Title 2, and amended provisions set out as a

note under section 621 of Title 2. Section 251A of the Act was

classified to section 901a of Title 2 and was repealed by Pub. L.

105-33, title X, Sec. 10204(a)(1), Aug. 5, 1997, 111 Stat. 702. For

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

note set out under section 900 of Title 2 and Tables.

Sections 665, 665d, and 665e of title 2, referred to in subsec.

(c)(2), were repealed by Pub. L. 105-33, title X, Sec. 10118(a),

Aug. 5, 1997, 111 Stat. 695.

House Concurrent Resolution 218, referred to in subsec. (c)(2),

is H. Con. Res. 218, May 12, 1994, 108 Stat. 5075, which is not

classified to the Code.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 14212 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XIII - VIOLENT CRIME REDUCTION TRUST FUND

-HEAD-

Sec. 14212. Repealed. Pub. L. 105-33, title X, Sec. 10204(b), Aug.

5, 1997, 111 Stat. 702

-MISC1-

Section, Pub. L. 103-322, title XXXI, Sec. 310002, Sept. 13,

1994, 108 Stat. 2105, related to conforming reduction in

discretionary spending limits.

-End-

-CITE-

42 USC Sec. 14213 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XIII - VIOLENT CRIME REDUCTION TRUST FUND

-HEAD-

Sec. 14213. Extension of authorizations of appropriations for

fiscal years for which full amount authorized is not appropriated

-STATUTE-

If, in making an appropriation under any provision of this Act or

amendment made by this Act that authorizes the making of an

appropriation for a certain purpose for a certain fiscal year in a

certain amount, the Congress makes an appropriation for that

purpose for that fiscal year in a lesser amount, that provision or

amendment shall be considered to authorize the making of

appropriations for that purpose for later fiscal years in an amount

equal to the difference between the amount authorized to be

appropriated and the amount that has been appropriated.

-SOURCE-

(Pub. L. 103-322, title XXXI, Sec. 310003, Sept. 13, 1994, 108

Stat. 2105.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 103-322, Sept. 13,

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

Enforcement Act of 1994. For complete classification of this Act to

the Code, see Short Title note set out under section 13701 of this

title and Tables.

-End-

-CITE-

42 USC Sec. 14214 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XIII - VIOLENT CRIME REDUCTION TRUST FUND

-HEAD-

Sec. 14214. Flexibility in making of appropriations

-STATUTE-

(a) Federal law enforcement

In the making of appropriations under any provision of this Act

or amendment made by this Act that authorizes the making of an

appropriation for a Federal law enforcement program for a certain

fiscal year in a certain amount out of the Violent Crime Reduction

Trust Fund, not to exceed 10 percent of that amount is authorized

to be appropriated for that fiscal year for any other Federal law

enforcement program for which appropriations are authorized by any

other Federal law enforcement provision of this Act or amendment

made by this Act. The aggregate reduction in the authorization for

any particular Federal law enforcement program may not exceed 10

percent of the total amount authorized to be appropriated from the

Violent Crime Reduction Trust Fund for that program in this Act or

amendment made by this Act.

(b) State and local law enforcement

In the making of appropriations under any provision of this Act

or amendment made by this Act that authorizes the making of an

appropriation for a State and local law enforcement program for a

certain fiscal year in a certain amount out of the Violent Crime

Reduction Trust Fund, not to exceed 10 percent of that amount is

authorized to be appropriated for that fiscal year for any other

State and local law enforcement program for which appropriations

are authorized by any other State and local law enforcement

provision of this Act or amendment made by this Act. The aggregate

reduction in the authorization for any particular State and local

law enforcement program may not exceed 10 percent of the total

amount authorized to be appropriated from the Violent Crime

Reduction Trust Fund for that program in this Act or amendment made

by this Act.

In the making of appropriations under any provision of this Act

or amendment made by this Act that authorizes the making of an

appropriation for a prevention program for a certain fiscal year in

a certain amount out of the Violent Crime Reduction Trust Fund, not

to exceed 10 percent of that amount is authorized to be

appropriated for that fiscal year for any other prevention program

for which appropriations are authorized by any other prevention

provision of this Act or amendment made by this Act. The aggregate

reduction in the authorization for any particular prevention

program may not exceed 10 percent of the total amount authorized to

be appropriated from the Violent Crime Reduction Trust Fund for

that program in this Act or amendment made by this Act.

(d) Definitions

In this section - "Federal law enforcement program" means a

program authorized in any of the following sections:

(1) section 190001(a);

(2) section 190001(b);

(3) section 190001(c);

(4) section 190001(d);

(5) section 190001(e);

(6) section 320925; (!1)

(7) section 14062 of this title;

(8) section 14171 of this title;

(9) section 130002;

(10) section 130005;

(11) section 130006;

(12) section 130007;

(13) section 250005;

(14) sections 14131-14134 of this title;

(15) section 14083 of this title; and

(16) section 14199 of this title.

"State and local law enforcement program" means a program

authorized in any of the following sections:

(1) sections 10001-10003;

(2) section 210201;

(3) section 210603;

(4) section 180101;

(5) section 14082 of this title;

(6) sections 13861-13868 of this title;

(7) section 14161 of this title;

(8) sections 13811-13812 of this title;

(9) section 210302;

(10) section 14151 of this title;

(11) section 210101;

(12) section 320930; (!2)

(13) sections 13701-13709 of this title;

(14) section 20301;

(15) section 13911 of this title; and

(16) section 20201.

"prevention program" means a program authorized in any of the

following sections:

(1) section 50001;

(2) sections 13741-13744 of this title;

(3) sections 13751-13758 of this title;

(4) sections 13771-13777 of this title;

(5) sections 13791-13793 of this title;

(6) sections 13801-13802 of this title;

(7) chapter 67 of title 31;

(8) section 31101 and sections 13821-13853 of this title;

(9) sections 31501-31505;

(10) section 31901 and sections 13881-13902 of this title;

(11) section 32001;

(12) section 32101;

(13) section 13921 of this title;

(14) section 40114;

(15) section 40121;

(16) section 300w-10 (!3) of this title;

(17) section 13941 of this title;

(18) section 5712d of this title;

(19) section 40156;

(20) section 10416 of this title;

(21) section 40231;

(22) section 40241;

(23) section 10417 of this title;

(24) section 10418 of this title;

(25) section 13962 of this title;

(26) section 13963 of this title;

(27) section 13971 of this title;

(28) sections 13991-13994 of this title;

(29) sections 14001-14002 of this title;

(30) section 14012 of this title;

(31) section 40601 and sections 14031-14040 of this title; and

(32) section 14181 (!3) of this title.

-SOURCE-

(Pub. L. 103-322, title XXXI, Sec. 310004, Sept. 13, 1994, 108

Stat. 2106.)

-REFTEXT-

REFERENCES IN TEXT

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

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

and Law Enforcement Act of 1994. For complete classification of

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

13701 of this title and Tables.

Section 190001, referred to in subsec. (d), is section 190001 of

Pub. L. 103-322, 108 Stat. 2048, which is not classified to the

Code.

Section 130002, referred to in subsec. (d), is section 130002 of

Pub. L. 103-322, 108 Stat. 2023, which is set out as a note under

section 1226 of Title 8, Aliens and Nationality.

Section 130005, referred to in subsec. (d), is section 130005 of

Pub. L. 103-322, 108 Stat. 2028, which amended section 1158 of

Title 8 and enacted provisions set out as a note under section 1158

of Title 8.

Section 130006, referred to in subsec. (d), is section 130006 of

Pub. L. 103-322, 108 Stat. 2028, which is set out as a note under

section 1101 of Title 8.

Section 130007, referred to in subsec. (d), is section 130007 of

Pub. L. 103-322, 108 Stat. 2029, which is set out as a note under

section 1228 of Title 8.

Section 250005, referred to in subsec. (d), is section 230005 of

Pub. L. 103-322, 108 Stat. 2086, which is not classified to the

Code.

Sections 10001-10003, referred to in subsec. (d), are sections

10001-10003 of Pub. L. 103-322, 108 Stat. 1807, which enacted

subchapter XII-E (Sec. 3796dd et seq.) of chapter 46 of this title,

amended sections 3793 and 3797 of this title, and enacted

provisions set out as notes under sections 3711 and 3796dd of this

title.

Section 210201, referred to in subsec. (d), is section 210201 of

Pub. L. 103-322, 108 Stat. 2062, which enacted subchapter XII-K

(Sec. 3796jj et seq.) of chapter 46 of this title and amended

sections 3793 and 3797 of this title.

Section 210603, referred to in subsec. (d), is section 210603 of

Pub. L. 103-322, 108 Stat. 2074, which enacted provisions set out

as a note under section 922 of Title 18, Crimes and Criminal

Procedure, and amended provisions set out as notes under section

922 of Title 18.

Section 180101, referred to in subsec. (d), is section 180101 of

Pub. L. 103-322, 108 Stat. 2045, which amended sections 3793 and

3796bb of this title.

Section 210302, referred to in subsec. (d), is section 210302 of

Pub. L. 103-322, 108 Stat. 2065, which enacted subchapter XII-L

(Sec. 3796kk et seq.) of chapter 46 of this title, amended sections

3751, 3753, 3793, and 3797 of this title, and enacted provisions

set out as a note under section 3751 of this title.

Section 210101, referred to in subsec. (d), is section 210101 of

Pub. L. 103-322, 108 Stat. 2061, which is not classified to the

Code.

Section 20301, referred to in subsec. (d), is section 20301 of

Pub. L. 103-322, 108 Stat. 1823, which amended section 1252 of

Title 8, Aliens and Nationality, and enacted provisions set out as

notes under sections 1231 and 1252 of Title 8.

Section 20201, referred to in subsec. (d), is section 20201 of

Pub. L. 103-322, 108 Stat. 1819, which enacted subchapter XII-F

(Sec. 3796ee et seq.) of chapter 46 of this title and amended

sections 3791, 3793, and 3797 of this title.

Section 50001, referred to in subsec. (d), is section 50001 of

Pub. L. 103-322, 108 Stat. 1955, which enacted former subchapter

XII-J (Sec. 3796ii et seq.) of chapter 46 of this title and amended

sections 3793 and 3797 of this title.

Section 31101, referred to in subsec. (d), is section 31101 of

Pub. L. 103-322, 108 Stat. 1882, which is set out as a note under

section 13701 of this title.

Sections 31501-31505, referred to in subsec. (d), are sections

31501-31505 of Pub. L. 103-322, 108 Stat. 1888, 1889, which amended

sections 2502 to 2504, 2506, and 2512 of Title 16, Conservation.

Section 31901, referred to in subsec. (d), is section 31901 of

Pub. L. 103-322, 108 Stat. 1892, which enacted provisions set out

as a note under section 13701 of this title.

Section 32001, referred to in subsec. (d), is section 32001 of

Pub. L. 103-322, 108 Stat. 1896, which amended section 3621 of

Title 18, Crimes and Criminal Procedure.

Section 32101, referred to in subsec. (d), is section 32101 of

Pub. L. 103-322, 108 Stat. 1898, which enacted subchapter XII-G

(Sec. 3796ff et seq.) of chapter 46 of this title and amended

sections 3791, 3793, and 3797 of this title.

Section 40114, referred to in subsec. (d), is section 40114 of

Pub. L. 103-322, 108 Stat. 1910, which is not classified to the

Code.

Section 40121, referred to in subsec. (d), is section 40121 of

Pub. L. 103-322, 108 Stat. 1910, which enacted subchapter XII-H

(Sec. 3796gg et seq.) of chapter 46 of this title and amended

sections 3793 and 3797 of this title.

Section 300w-10 of this title, referred to in subsec. (d), was

repealed by Pub. L. 106-386, div. B, title IV, Sec. 1401(b), Oct.

28, 2000, 114 Stat. 1513.

Section 40156, referred to in subsec. (d), is section 40156 of

Pub. L. 103-322, 108 Stat. 1922, which amended sections 3793,

3796aa-1 to 3796aa-3, 3796aa-5, 3796aa-6, 13012, 13014, 13021, and

13024 of this title and repealed sections 3796aa-4 and 3796aa-7 of

this title.

Section 40231, referred to in subsec. (d), is section 40231 of

Pub. L. 103-322, 108 Stat. 1932, which enacted subchapter XII-I

(Sec. 3796hh et seq.) of chapter 46 of this title and amended

sections 3782, 3783, 3793, and 3797 of this title.

Section 40241, referred to in subsec. (d), is section 40241 of

Pub. L. 103-322, 108 Stat. 1934, which amended section 10409 of

this title.

Section 40601, referred to in subsec. (d), is section 40601 of

Pub. L. 103-322, 108 Stat. 1950, which amended section 534 of Title

28, Judiciary and Judicial Procedure, and enacted provisions set

out as a note under section 534 of Title 28.

Section 14181 of this title, referred to in subsec. (d), was in

the original "section 24001" and was translated as reading "section

240001", meaning section 240001 of Pub. L. 103-322, to reflect the

probable intent of Congress, because Pub. L. 103-322 does not

contain a section 24001.

-FOOTNOTE-

(!1) So in original. Pub. L. 103-322 does not contain a section

320925.

(!2) So in original. Pub. L. 103-322 does not contain a section

320930.

(!3) See References in Text note below.

-End-

-CITE-

42 USC SUBCHAPTER XIV - MISCELLANEOUS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XIV - MISCELLANEOUS

-HEAD-

SUBCHAPTER XIV - MISCELLANEOUS

-End-

-CITE-

42 USC Sec. 14221 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XIV - MISCELLANEOUS

-HEAD-

Sec. 14221. Task force relating to introduction of nonindigenous

species

-STATUTE-

(1) In general

The Attorney General is authorized to convene a law enforcement

task force in Hawaii to facilitate the prosecution of violations of

Federal laws, and laws of the State of Hawaii, relating to the

wrongful conveyance, sale, or introduction of nonindigenous plant

and animal species.

(2) Membership

(A) The task force shall be composed of representatives of -

(i) the Office of the United States Attorney for the District

of Hawaii;

(ii) the United States Customs Service;

(iii) the Animal and Plant Health Inspection Service;

(iv) the Fish and Wildlife Service;

(v) the National Park Service;

(vi) the United States Forest Service;

(vii) the Military Customs Inspection Office of the Department

of Defense;

(viii) the United States Postal Service;

(ix) the office of the Attorney General of the State of Hawaii;

(x) the Hawaii Department of Agriculture;

(xi) the Hawaii Department of Land and Natural Resources; and

(xii) such other individuals as the Attorney General deems

appropriate.

(B) The Attorney General shall, to the extent practicable, select

individuals to serve on the task force who have experience with the

enforcement of laws relating to the wrongful conveyance, sale, or

introduction of nonindigenous plant and animal species.

(3) Duties

The task force shall -

(A) facilitate the prosecution of violations of Federal and

State laws relating to the conveyance, sale, or introduction of

nonindigenous plant and animal species into Hawaii; and

(B) make recommendations on ways to strengthen Federal and

State laws and law enforcement strategies designed to prevent the

introduction of nonindigenous plant and animal species.

(4) Report

The task force shall report to the Attorney General, the

Secretary of Agriculture, the Secretary of the Interior, and to the

Committee on the Judiciary and Committee on Agriculture, Nutrition,

and Forestry of the Senate and the Committee on the Judiciary,

Committee on Agriculture, and Committee on Merchant Marine and

Fisheries of the House of Representatives on -

(A) the progress of its enforcement efforts; and

(B) the adequacy of existing Federal laws and laws of the State

of Hawaii that relate to the introduction of nonindigenous plant

and animal species.

Thereafter, the task force shall make such reports as the task

force deems appropriate.

(5) Consultation

The task force shall consult with Hawaii agricultural interests

and representatives of Hawaii conservation organizations about

methods of preventing the wrongful conveyance, sale, or

introduction of nonindigenous plant and animal species into Hawaii.

-SOURCE-

(Pub. L. 103-322, title XXXII, Sec. 320108(a), Sept. 13, 1994, 108

Stat. 2111.)

-TRANS-

TRANSFER OF FUNCTIONS

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

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

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

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For

treatment of references to Committee on Merchant Marine and

Fisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a note

preceding section 21 of Title 2, The Congress.

-End-

-CITE-

42 USC Sec. 14222 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XIV - MISCELLANEOUS

-HEAD-

Sec. 14222. Coordination of substance abuse treatment and

prevention programs

-STATUTE-

The Attorney General shall consult with the Secretary of the

Department of Health and Human Services in establishing and

carrying out the substance abuse treatment and prevention

components of the programs authorized under this Act, to assure

coordination of programs, eliminate duplication of efforts and

enhance the effectiveness of such services.

-SOURCE-

(Pub. L. 103-322, title XXXII, Sec. 320401, Sept. 13, 1994, 108

Stat. 2114.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 103-322, Sept. 13,

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

Enforcement Act of 1994. For complete classification of this Act to

the Code, see Short Title note set out under section 13701 of this

title and Tables.

-End-

-CITE-

42 USC Sec. 14223 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER XIV - MISCELLANEOUS

-HEAD-

Sec. 14223. Edward Byrne Memorial Formula Grant Program

-STATUTE-

Nothing in this Act shall be construed to prohibit or exclude the

expenditure of appropriations to grant recipients that would have

been or are eligible to receive grants under subpart 1 of part E of

the Omnibus Crime Control and Safe Streets Act of 1968 [42 U.S.C.

3751 et seq.].

-SOURCE-

(Pub. L. 103-322, title XXXII, Sec. 320919, Sept. 13, 1994, 108

Stat. 2130.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 103-322, Sept. 13,

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

Enforcement Act of 1994. For complete classification of this Act to

the Code, see Short Title note set out under section 13701 of this

title and Tables.

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

to in text, is Pub. L. 90-351, June 19, 1968, 82 Stat. 197, as

amended. The reference to subpart 1 of part E of the Act probably

means subpart 1 of part E of title I of the Act which is classified

generally to part A (Sec. 3751 et seq.) of subchapter V of chapter

46 of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 3711 of this title

and Tables.

-End-

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