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

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-CITE-

42 USC CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW

ENFORCEMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

-HEAD-

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

-MISC1-

SUBCHAPTER I - PRISONS

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

INCENTIVE GRANTS

Sec.

13701. Definitions.

13702. Authorization of grants.

(a) In general.

(b) Regional compacts.

13703. Violent offender incarceration grants.

(a) Eligibility for minimum grant.

(b) Additional amount for increased percentage of

persons sentenced and time served.

incarceration and percentage of sentence

served.

13704. Truth-in-sentencing incentive grants.

(a) Eligibility.

(b) Exception.

13705. Special rules.

(a) Sharing of funds with counties and other units

of local government.

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

incarceration grants.

(d) Private facilities.

(e) "Part 1 violent crime" defined.

13706. Formula for grants.

(a) Allocation of violent offender incarceration

grants under section 13703.

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

section 13704.

(d) Regional compacts.

13707. Accountability.

(a) Fiscal requirements.

(b) Administrative provisions.

13708. Authorization of appropriations.

(a) In general.

(b) Limitations on funds.

13709. Payments for incarceration on tribal lands.

(a) Reservation of funds.

(b) Grants to Indian tribes.

13710. Payments to eligible States for incarceration of

criminal aliens.

(a) In general.

(b) Authorization of appropriations.

(d) Report to Congress.

13711. Support of Federal prisoners in non-Federal

institutions.

(a) In general.

(b) Authorization of appropriations.

13712. Report by Attorney General.

13713. Aimee's Law.

(a) Short title.

(b) Definitions.

(d) State applications.

(e) Source of funds.

(f) Construction.

(g) Exception.

(h) Report.

(i) Collection of recidivism data.

(j) Effective date.

PART B - MISCELLANEOUS PROVISIONS

13721. Task force on prison construction standardization and

techniques.

(a) Task force.

(b) Cooperation.

(d) Dissemination.

(e) Promotion and evaluation.

13722. Efficiency in law enforcement and corrections.

(a) In general.

(b) Assessment of construction components and

designs.

13723. Congressional approval of any expansion at Lorton and

congressional hearings on future needs.

(a) Congressional approval.

(b) Senate hearings.

13724. Conversion of closed military installations into

Federal prison facilities.

(a) Study of suitable bases.

(b) Suitability for conversion.

(d) Construction of Federal prisons.

(e) "Base closure law" defined.

13725. Correctional job training and placement.

(a) Purpose.

(b) Definitions.

(d) Functions of Office.

13726. Findings.

13726a. Definitions.

13726b. Federal regulation of prisoner transport companies.

(a) In general.

(b) Standards and requirements.

13726c. Enforcement.

SUBCHAPTER II - CRIME PREVENTION

PART A - OUNCE OF PREVENTION COUNCIL

13741. Ounce of Prevention Council.

(a) Establishment.

(b) Program coordination.

13742. Ounce of prevention grant program.

(a) In general.

(b) Applicants.

(d) Federal share.

13743. "Indian tribe" defined.

13744. Authorization of appropriations.

PART B - LOCAL CRIME PREVENTION BLOCK GRANT PROGRAM

13751. Payments to local governments.

(a) Payment and use.

(b) Timing of payments.

(d) Reservation for adjustments.

(e) Repayment of unexpended amounts.

(f) Nonsupplanting requirement.

13752. Authorization of appropriations.

(a) Authorization of appropriations.

(b) Administrative costs.

13753. Qualification for payment.

(a) In general.

(b) General requirements for qualification.

(d) Sanctions for noncompliance.

13754. Allocation and distribution of funds.

(a) State distribution.

(b) Local distribution.

13755. Utilization of private sector.

13756. Public participation.

13757. Administrative provisions.

13758. Definitions.

PART C - MODEL INTENSIVE GRANT PROGRAMS

13771. Grant authorization.

(a) Establishment.

(b) Priority.

13772. Uses of funds.

(a) In general.

(b) Guidelines.

13773. Program requirements.

(a) Description.

(b) Comprehensive plan.

13774. Applications.

13775. Reports.

13776. Definitions.

13777. Authorization of appropriations.

PART D - FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT PROGRAM

13791. Community schools youth services and supervision grant

program.

(a) Short title.

(b) Definitions.

(d) Program requirements.

(e) Eligible community identification.

(f) Applications.

(g) Eligibility of participants.

(h) Peer review panel.

(i) Investigations and inspections.

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

(k) Evaluation.

13792. Repealed.

13793. Authorization of appropriations.

(a) In general.

(b) Programs.

PART E - ASSISTANCE FOR DELINQUENT AND AT-RISK YOUTH

13801. Grant authority.

(a) Grants.

(b) Applications.

(d) Reports.

(e) Definitions.

13802. Authorization of appropriations.

PART F - POLICE RECRUITMENT

13811. Grant authority.

(a) Grants.

(b) Qualified community organizations.

(d) Applications.

(e) Action by Attorney General.

(f) Grant disbursement.

(g) Grant period.

(h) Grantee reporting.

(i) Guidelines.

13812. Authorization of appropriations.

PART G - NATIONAL COMMUNITY ECONOMIC PARTNERSHIP

SUBPART 1 - COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS

13821. Purpose.

13822. Provision of assistance.

(a) Authority.

(b) Revolving loan funds.

13823. Approval of applications.

(a) In general.

(b) Priority.

13824. Availability of lines of credit and use.

(a) Approval of application.

(b) Limitations on availability of amounts.

(d) Use of revolving loan funds.

13825. Limitations on use of funds.

(a) Matching requirement.

(b) Technical assistance and administration.

(d) Use of proceeds from investments.

13826. Program priority for special emphasis programs.

(a) In general.

(b) Reservation of funds.

SUBPART 2 - EMERGING COMMUNITY DEVELOPMENT CORPORATIONS

13841. Community development corporation improvement grants.

(a) Purpose.

(b) Skill enhancement grants.

(d) Applications.

(e) Amount available for community development

corporation.

13842. Emerging community development corporation revolving

loan funds.

(a) Authority.

(b) Eligibility.

(d) Use of proceeds from investments.

(e) Amounts available.

SUBPART 3 - MISCELLANEOUS PROVISIONS

13851. Definitions.

13852. Authorization of appropriations.

(a) In general.

(b) Earmarks.

13853. Prohibition.

PART H - COMMUNITY-BASED JUSTICE GRANTS FOR PROSECUTORS

13861. Grant authorization.

(a) In general.

(b) Consultation.

13862. Use of funds.

13863. Applications.

(a) Eligibility.

(b) Requirements.

13864. Allocation of funds; limitations on grants.

(a) Administrative cost limitation.

(b) Renewal of grants.

13865. Award of grants.

13866. Reports.

(a) Report to Attorney General.

(b) Report to Congress.

13867. Authorization of appropriations.

13868. Definitions.

PART I - FAMILY UNITY DEMONSTRATION PROJECT

13881. Purpose.

13882. Definitions.

13883. Authorization of appropriations.

(a) Authorization.

(b) Availability of appropriations.

SUBPART 1 - GRANTS TO STATES

13891. Authority to make grants.

(a) General authority.

(b) Preferences.

13892. Eligibility to receive grants.

13893. Report.

(a) In general.

(b) Contents.

SUBPART 2 - FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL

PRISONERS

13901. Authority of Attorney General.

(a) In general.

(b) General contracting authority.

13902. Requirements.

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

CORRECTIONAL INSTITUTIONS

13911. Prevention, diagnosis, and treatment of tuberculosis

in correctional institutions.

(a) Guidelines.

(b) Compliance.

(d) Definitions.

PART K - GANG RESISTANCE EDUCATION AND TRAINING

13921. Gang Resistance Education and Training projects.

(a) Establishment of projects.

(b) Authorization of appropriations.

SUBCHAPTER III - VIOLENCE AGAINST WOMEN

PART A - SAFE STREETS FOR WOMEN

SUBPART 1 - SAFETY FOR WOMEN IN PUBLIC TRANSIT

13931. Grants for capital improvements to prevent crime in

public transportation.

(a) General purpose.

(b) Grants for lighting, camera surveillance, and

security phones.

(d) Increased Federal share.

(e) Special grants for projects to study increasing

security for women.

(f) General requirements.

SUBPART 2 - ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT

13941. Training programs.

(a) In general.

(b) Training programs.

13942. Confidentiality of communications between sexual

assault or domestic violence victims and their

counselors.

(a) Study and development of model legislation.

(b) Report and recommendations.

13943. Information programs.

PART B - SAFE HOMES FOR WOMEN

SUBPART 1 - CONFIDENTIALITY FOR ABUSED PERSONS

13951. Confidentiality of abused person's address.

(a) Regulations.

(b) Requirements.

(d) Existing complications.

SUBPART 2 - DATA AND RESEARCH

13961. Research agenda.

(a) Request for contract.

(b) Declination of request.

13962. State databases.

(a) In general.

(b) Consultation.

(d) Authorization of appropriations.

13963. Number and cost of injuries.

(a) Study.

(b) Authorization of appropriations.

SUBPART 3 - RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT

13971. Rural domestic violence and child abuse enforcement

assistance.

(a) Grants.

(b) Definitions.

PART C - CIVIL RIGHTS FOR WOMEN

13981. Civil rights.

(a) Purpose.

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

(d) Definitions.

(e) Limitation and procedures.

PART D - EQUAL JUSTICE FOR WOMEN IN COURTS

SUBPART 1 - EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL

IN STATE COURTS

13991. Grants authorized.

13992. Training provided by grants.

13993. Cooperation in developing programs in making grants

under this part.

13994. Authorization of appropriations.

(a) In general.

(b) Model programs.

SUBPART 2 - EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL

IN FEDERAL COURTS

14001. Authorization of circuit studies; education and

training grants.

(a) Studies.

(b) Matters for examination.

(d) Continuing education and training programs.

14002. Authorization of appropriations.

PART E - VIOLENCE AGAINST WOMEN ACT IMPROVEMENTS

14011. Payment of cost of testing for sexually transmitted

diseases.

(a) Omitted.

(b) Limited testing of defendants.

14012. National baseline study on campus sexual assault.

(a) Study.

(b) Report.

(d) "Campus sexual assaults" defined.

(e) Authorization of appropriations.

14013. Report on battered women's syndrome.

(a) Report.

(b) Components.

14014. Report on confidentiality of addresses for victims of

domestic violence.

(a) Report.

(b) Use of components.

14015. Report on recordkeeping relating to domestic violence.

14016. Enforcement of statutory rape laws.

(a) Sense of Senate.

(b) Justice Department program on statutory rape.

PART F - NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION

14031. Grant program.

(a) In general.

(b) Eligibility.

14032. Authorization of appropriations.

14033. Application requirements.

14034. Disbursement.

14035. Technical assistance, training, and evaluations.

14036. Training programs for judges.

14037. Recommendations on intrastate communication.

14038. Inclusion in National Incident-Based Reporting System.

14039. Report to Congress.

14040. Definitions.

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

VIOLENCE AND SEXUAL ASSAULT AGAINST OLDER OR DISABLED INDIVIDUALS

14041. Definitions.

14041a. Training programs for law enforcement officers.

14041b. Authorization of appropriations.

PART H - DOMESTIC VIOLENCE TASK FORCE

14042. Task force.

(a) Establish.

(b) Uses of funds.

(d) Definition.

(e) Authorization of appropriations.

SUBCHAPTER IV - DRUG CONTROL

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

zones.

14052. Enhanced penalties for illegal drug use in Federal

prisons and for smuggling drugs into Federal prisons.

(a) Declaration of policy.

(b) Sentencing guidelines.

14053. Violent crime and drug emergency areas.

(a) Definitions.

(b) Declaration of violent crime and drug emergency

areas.

(d) Irrelevancy of population density.

(e) Requirements.

(f) Review period.

(g) Federal assistance.

(h) Duration of Federal assistance.

(i) Regulations.

(j) No effect on existing authority.

SUBCHAPTER V - CRIMINAL STREET GANGS

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

assisted low-income housing.

14062. Gang investigation coordination and information

collection.

(a) Coordination.

(b) Data collection.

(d) Authorization of appropriations.

SUBCHAPTER VI - CRIMES AGAINST CHILDREN

14071. Jacob Wetterling Crimes Against Children and Sexually

Violent Offender Registration Program.

(a) In general.

(b) Registration requirement upon release, parole,

supervised release, or probation.

(d) Penalty.

(e) Release of information.

(f) Immunity for good faith conduct.

(g) Compliance.

(h) Fingerprints.

(i) Grants to States for costs of compliance.

(j) Notice of enrollment at or employment by

institutions of higher education.

14072. FBI database.

(a) Definitions.

(b) Establishment.

(d) Length of registration.

(e) Verification.

(f) Community notification.

(g) Notification of FBI of changes in residence.

(h) Fingerprints.

(i) Penalty.

(j) Release of information.

(k) Notification upon release.

14073. Immunity for good faith conduct.

SUBCHAPTER VII - RURAL CRIME

14081. Rural Crime and Drug Enforcement Task Forces.

(a) Establishment.

(b) Task force membership.

14082. Rural drug enforcement training.

(a) Specialized training for rural officers.

(b) Authorization of appropriations.

14083. More agents for Drug Enforcement Administration.

SUBCHAPTER VIII - POLICE CORPS AND LAW ENFORCEMENT OFFICERS

TRAINING AND EDUCATION

PART A - POLICE CORPS

14091. Purposes.

14092. Definitions.

14093. Establishment of Office of the Police Corps and Law

Enforcement Education.

14094. Designation of lead agency and submission of State

plan.

(a) Lead agency.

(b) State plans.

14095. Scholarship assistance.

(a) Scholarships authorized.

(b) Reimbursement authorized.

(d) Agreement.

(e) Dependent child.

(f) Application.

14096. Selection of participants.

(a) In general.

(b) Selection criteria and qualifications.

(d) Enrollment of applicant.

(e) Leave of absence.

(f) Admission of applicants.

14097. Police Corps training.

(a) In general.

(b) Training sessions.

(d) Course of training.

(e) Evaluation of participants.

(f) Stipend.

14098. Service obligation.

(a) Swearing in.

(b) Rights and responsibilities.

(d) Layoffs.

14099. State plan requirements.

14100. Repealed.

14101. Authorization of appropriations.

14102. Reports to Congress.

(a) In general.

(b) Contents.

PART B - LAW ENFORCEMENT SCHOLARSHIP PROGRAM

14111. Definitions.

14112. Allotment.

14113. Establishment of program.

(a) Use of allotment.

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

(d) Administrative expenses.

(e) Special rule.

(f) Supplementation of funding.

14114. Scholarships.

(a) Period of award.

(b) Use of scholarships.

14115. Eligibility.

(a) Scholarships.

(b) Ineligibility for student employment.

14116. State application.

(a) In general.

(b) Contents.

14117. Local application.

(a) In general.

(b) Contents.

14118. Scholarship agreement.

(a) In general.

(b) Contents.

14119. Authorization of appropriations.

(a) General authorization of appropriations.

(b) Uses of funds.

SUBCHAPTER IX - STATE AND LOCAL LAW ENFORCEMENT

PART A - DNA IDENTIFICATION

14131. Quality assurance and proficiency testing standards.

(a) Publication of quality assurance and

proficiency testing standards.

(b) Administration of advisory board.

14132. Index to facilitate law enforcement exchange of DNA

identification information.

(a) Establishment of index.

(b) Information.

(d) Expungement of records.

14133. Federal Bureau of Investigation.

(a) Proficiency testing requirements.

(b) Privacy protection standards.

14134. Authorization of appropriations.

14135. Authorization of grants.

(a) Authorization of grants.

(b) Eligibility.

(d) Analysis of samples.

(e) Restrictions on use of funds.

(f) Reports to the Attorney General.

(g) Reports to Congress.

(h) Expenditure records.

(i) Definition.

(j) Authorization of appropriations.

14135a. Collection and use of DNA identification information

from certain Federal offenders.

(a) Collection of DNA samples.

(b) Analysis and use of samples.

(d) Qualifying Federal offenses.

(e) Regulations.

(f) Commencement of collection.

14135b. Collection and use of DNA identification information

from certain District of Columbia offenders.

(a) Collection of DNA samples.

(b) Analysis and use of samples.

(d) Qualifying District of Columbia offenses.

(e) Commencement of collection.

(f) Authorization of appropriations.

14135c. Conditions of release generally.

14135d. Authorization of appropriations.

14135e. Privacy protection standards.

(a) In general.

(b) Permissive uses.

PART B - POLICE PATTERN OR PRACTICE

14141. Cause of action.

(a) Unlawful conduct.

(b) Civil action by Attorney General.

14142. Data on use of excessive force.

(a) Attorney General to collect.

(b) Limitation on use of data.

PART C - IMPROVED TRAINING AND TECHNICAL AUTOMATION

14151. Improved training and technical automation.

(a) Grants.

(b) Training and investigative assistance.

(d) Definitions.

PART D - OTHER STATE AND LOCAL AID

14161. Federal assistance to ease increased burdens on State

court systems.

(a) In general.

(b) Applications.

(d) Authorization of appropriations.

SUBCHAPTER X - MOTOR VEHICLE THEFT PROTECTION

14171. Motor vehicle theft prevention program.

(a) In general.

(b) Uniform decal or device designs.

(d) Specified conditions under which stops may be

authorized.

(e) Motor vehicles for hire.

(f) Notification of police.

(g) Regulations.

(h) Authorization of appropriations.

SUBCHAPTER XI - PROTECTIONS FOR THE ELDERLY

14181. Missing Alzheimer's Disease Patient Alert Program.

(a) Grant.

(b) Application.

(d) Authorization of appropriations.

SUBCHAPTER XII - PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL

COMMISSION ON CRIME PREVENTION AND CONTROL

14191. Presidential summit.

14192. Establishment; committees and task forces;

representation.

(a) Establishment and appointment of members.

(b) Committees and task forces.

14193. Purposes.

14194. Responsibilities of Commission.

(a) In general.

(b) Crime and violence generally.

(d) Violence in schools.

(e) Violence against women.

14195. Administrative matters.

(a) Chair.

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

(d) Meetings open to public.

14196. Staff and support services.

(a) Director.

(b) Staff.

(d) Consultants.

(e) Staff of Federal agencies.

(f) Physical facilities.

14197. Powers.

(a) Hearings.

(b) Delegation.

(d) Mail.

14198. Report; termination.

14199. Authorization of appropriations.

SUBCHAPTER XIII - VIOLENT CRIME REDUCTION TRUST FUND

14211. Creation of Violent Crime Reduction Trust Fund.

(a) Violent Crime Reduction Trust Fund.

(b) Transfers into Fund.

14212. Repealed.

14213. Extension of authorizations of appropriations for

fiscal years for which full amount authorized is not

appropriated.

14214. Flexibility in making of appropriations.

(a) Federal law enforcement.

(b) State and local law enforcement.

(d) Definitions.

SUBCHAPTER XIV - MISCELLANEOUS

14221. Task force relating to introduction of nonindigenous

species.

14222. Coordination of substance abuse treatment and

prevention programs.

14223. Edward Byrne Memorial Formula Grant Program.

-End-

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42 USC SUBCHAPTER I - PRISONS 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

-HEAD-

SUBCHAPTER I - PRISONS

-End-

-CITE-

42 USC Part A - Violent Offender Incarceration and

Truth-in-Sentencing Incentive

Grants 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

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

Incentive Grants

-HEAD-

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

INCENTIVE GRANTS

-End-

-CITE-

42 USC Sec. 13701 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

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

Incentive Grants

-HEAD-

Sec. 13701. Definitions

-STATUTE-

Unless otherwise provided, for purposes of this part -

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

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

statute; and

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

the court, controls release within the statutory range;

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

nonnegligent manslaughter, forcible rape, robbery, and aggravated

assault as reported to the Federal Bureau of Investigation for

purposes of the Uniform Crime Reports; and

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

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

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

Mariana Islands.

-SOURCE-

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

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

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

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

-MISC1-

PRIOR PROVISIONS

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

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

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

104-134.

SHORT TITLE OF 2000 AMENDMENTS

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

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

may be cited as the 'Interstate Transportation of Dangerous

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

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

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

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

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

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

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

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

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

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

2000'."

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

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

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

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

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

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

SHORT TITLE OF 1996 AMENDMENTS

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

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

amending section 14071 of this title, and enacting provisions set

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

'Pam Lychner Sexual Offender Tracking and Identification Act of

1996'."

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

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

as 'Megan's Law'."

SHORT TITLE

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

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

Law Enforcement Act of 1994'."

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

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

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

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

Partnership Act of 1994'."

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

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

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

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

Project Act'."

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

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

Against Women Act of 1994'."

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

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

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

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

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

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

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

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

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

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

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

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

'Safe Streets for Women Act of 1994'."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Courts Act of 1994'."

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

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

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

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

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

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

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

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

Scholarships and Recruitment Act'."

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

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

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

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

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

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

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

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

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

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

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

Vehicle Theft Prevention Act'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

-End-

-CITE-

42 USC Sec. 13702 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

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

Incentive Grants

-HEAD-

Sec. 13702. Authorization of grants

-STATUTE-

(a) In general

The Attorney General shall provide Violent Offender Incarceration

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

Incentive grants under section 13704 of this title to eligible

States -

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

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

violent crime or adjudicated delinquent for an act which if

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

(2) to build or expand temporary or permanent correctional

facilities, including facilities on military bases, prison

barges, and boot camps, for the confinement of convicted

nonviolent offenders and criminal aliens, for the purpose of

freeing suitable existing prison space for the confinement of

persons convicted of a part 1 violent crime; and

(3) to build or expand jails.

(b) Regional compacts

(1) In general

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

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

as States under this part.

(2) Requirement

To be recognized as a regional compact for eligibility for a

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

State must be eligible individually.

(3) Limitation on receipt of funds

No State may receive a grant under this part both individually

and as part of a compact.

Notwithstanding the eligibility requirements of section 13704 of

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

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

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

qualify under those provisions, shall be eligible to receive a

grant for fiscal year 1996 as though such State qualifies under

section 13704 of this title.

-SOURCE-

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

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

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

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

-MISC1-

PRIOR PROVISIONS

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

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

Incentive Grants prior to the general amendment of this part by

Pub. L. 104-134.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

13708, 14214 of this title.

-End-

-CITE-

42 USC Sec. 13703 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

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

Incentive Grants

-HEAD-

Sec. 13703. Violent offender incarceration grants

-STATUTE-

(a) Eligibility for minimum grant

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

State shall submit an application to the Attorney General that

provides assurances that the State has implemented, or will

implement, correctional policies and programs, including

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

substantial portion of the sentences imposed, that are designed to

provide sufficiently severe punishment for violent offenders,

including violent juvenile offenders, and that the prison time

served is appropriately related to the determination that the

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

necessary to protect the public.

(b) Additional amount for increased percentage of persons sentenced

and time served

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

section is eligible to receive additional grant amounts if such

State demonstrates that the State has, since 1993 -

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

violent crime sentenced to prison; or

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

average percent of sentence served by persons convicted of a part

1 violent crime.

Receipt of grant amounts under this subsection does not preclude

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

percentage of sentence served

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

section is eligible to receive additional grant amounts if such

State demonstrates that the State has -

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

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

the average percent of sentence served by persons convicted of a

part 1 violent crime; or

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

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

persons convicted of part 1 violent crimes.

Receipt of grant amounts under this subsection does not preclude

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

-SOURCE-

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

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

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

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

-MISC1-

PRIOR PROVISIONS

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

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

Incarceration Grants prior to the general amendment of this part by

Pub. L. 104-134.

CONTROLLED SUBSTANCE TESTING AND INTERVENTION; AVAILABILITY OF

FUNDS

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

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

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

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

section 20104 of the Violent Crime Control and Law Enforcement Act

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

1998, such State has implemented a program of controlled substance

testing and intervention for appropriate categories of convicted

offenders during periods of incarceration and criminal justice

supervision, with sanctions including denial or revocation of

release for positive controlled substance tests, consistent with

guidelines issued by the Attorney General".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

13708, 13709, 13712, 14214 of this title.

-End-

-CITE-

42 USC Sec. 13704 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

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

Incentive Grants

-HEAD-

Sec. 13704. Truth-in-sentencing incentive grants

-STATUTE-

(a) Eligibility

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

State shall submit an application to the Attorney General that

demonstrates that -

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

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

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

counting time not actually served, such as administrative or

statutory incentives for good behavior); or

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

serving on average not less than 85 percent of the sentence

imposed (without counting time not actually served, such as

administrative or statutory incentives for good behavior);

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

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

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

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

violent crime serve not less than 85 percent of the sentence

imposed (without counting time not actually served, such as

administrative or statutory incentives for good behavior); or

indeterminate sentencing with regard to any part 1 violent crime

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

serve not less than 85 percent of the prison term established

under the State's sentencing and release guidelines; or

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

serve not less than 85 percent of the maximum prison term

allowed under the sentence imposed by the court (not counting

time not actually served such as administrative or statutory

incentives for good behavior); and

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

guidelines established by the Attorney General in reporting, on a

quarterly basis, information regarding the death of any person

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

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

or other local or State correctional facility (including any

juvenile facility) that, at a minimum, includes -

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

deceased;

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

death.

(b) Exception

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

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

release of -

(1) a geriatric prisoner; or

(2) a prisoner whose medical condition precludes the prisoner

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

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

victims have had an opportunity to be heard regarding a proposed

release.

-SOURCE-

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

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

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

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

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

-MISC1-

PRIOR PROVISIONS

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

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

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

104-134.

AMENDMENTS

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

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

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

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

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

13708, 13709, 13712, 14214 of this title.

-End-

-CITE-

42 USC Sec. 13705 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

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

Incentive Grants

-HEAD-

Sec. 13705. Special rules

-STATUTE-

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

government

(1) Reservation

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

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

this title for counties and units of local government to

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

correctional facilities.

(2) Factors for determination of amount

To determine the amount of funds to be reserved under this

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

or unit of local government that results from the implementation

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

13704 of this title.

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

grants

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

applied to the cost of -

(1) altering existing correctional facilities to provide

separate facilities for juveniles under the jurisdiction of an

adult criminal court who are detained or are serving sentences in

adult prisons or jails;

(2) providing correctional staff who are responsible for

supervising juveniles who are detained or serving sentences under

the jurisdiction of an adult criminal court with orientation and

ongoing training regarding the unique needs of such offenders;

and

(3) providing ombudsmen to monitor the treatment of juveniles

who are detained or serving sentences under the jurisdiction of

an adult criminal court in adult facilities, consistent with

guidelines issued by the Assistant Attorney General.

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

unit of local government located in a State that otherwise meets

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

to the Attorney General that exigent circumstances exist that

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

confine juvenile offenders other than juvenile offenders

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

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

under this part to build or expand juvenile correctional facilities

or pretrial detention facilities for juvenile offenders.

(d) Private facilities

A State may use funds received under this part for the

privatization of facilities to carry out the purposes of section

13702 of this title.

(e) "Part 1 violent crime" defined

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

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

a crime in a reasonably comparable class of serious violent crimes

as approved by the Attorney General.

-SOURCE-

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

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

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

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

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

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

-MISC1-

PRIOR PROVISIONS

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

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

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

AMENDMENTS

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

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

"Additional requirements" in heading and amended text generally,

substituting provisions relating to use of funds for juveniles in

adult prisons or under the jurisdiction of an adult criminal court

for provisions relating to additional requirements for grant

eligibility.

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

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

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

this title, a State shall provide assurances to the Attorney

General that the State has implemented or will implement not later

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

recognition of the rights and needs of crime victims."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 13706 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

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

Incentive Grants

-HEAD-

Sec. 13706. Formula for grants

-STATUTE-

(a) Allocation of violent offender incarceration grants under

section 13703

(1) Formula allocation

85 percent of the amount available for grants under section

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

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

of the total amount of funds made available under this

paragraph):

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

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

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

Commonwealth of the Northern Mariana Islands, if eligible under

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

percent.

(B) The amount remaining after application of subparagraph

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

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

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

to the Federal Bureau of Investigation for the 3 years

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

the average annual number of part 1 violent crimes reported by

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

this title to the Federal Bureau of Investigation for the 3

years preceding the year in which the determination is made.

(2) Additional allocation

15 percent of the amount available for grants under section

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

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

this title as follows:

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

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

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

Commonwealth of the Northern Mariana Islands, if eligible under

such subsection, shall each be allocated 0.03 percent.

(B) The amount remaining after application of subparagraph

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

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

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

to the Federal Bureau of Investigation for the 3 years

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

the average annual number of part 1 violent crimes reported by

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

this title to the Federal Bureau of Investigation for the 3

years preceding the year in which the determination is made.

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

The amounts available for grants for section 13704 of this title

shall be allocated to each State that meets the requirements of

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

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

Federal Bureau of Investigation for the 3 years preceding the year

in which the determination is made bears to the average annual

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

requirements of section 13704 of this title to the Federal Bureau

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

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

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

If data regarding part 1 violent crimes in any State is

substantially inaccurate or is unavailable for the 3 years

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

General shall utilize the best available comparable data regarding

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

for the purposes of allocation of funds under this part.

(d) Regional compacts

In determining the amount of funds that States organized as a

regional compact may receive, the Attorney General shall first

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

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

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

determined.

-SOURCE-

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

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

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

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

-MISC1-

PRIOR PROVISIONS

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

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

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

104-134.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

-End-

-CITE-

42 USC Sec. 13707 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

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

Incentive Grants

-HEAD-

Sec. 13707. Accountability

-STATUTE-

(a) Fiscal requirements

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

audit, and fiscal procedures that conform to guidelines prescribed

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

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

represent the best value for the State governments at the lowest

possible cost and employ the best available technology.

(b) Administrative provisions

The administrative provisions of sections 3782 and 3783 of this

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

same manner that such provisions apply to the officials listed in

such sections.

-SOURCE-

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

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

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

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

-MISC1-

PRIOR PROVISIONS

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

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

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 13708 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

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

Incentive Grants

-HEAD-

Sec. 13708. Authorization of appropriations

-STATUTE-

(a) In general

(1) Authorizations

There are authorized to be appropriated to carry out this part

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

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

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

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

(2) Distribution

(A) In general

Of the amounts remaining after the allocation of funds for

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

of this title, the Attorney General shall, from amounts

authorized to be appropriated under paragraph (1) for each

fiscal year, distribute 50 percent for incarceration grants

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

grants under section 13704 of this title.

(B) Distribution of minimum amounts

The Attorney General shall distribute minimum amounts

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

State not later than 30 days after receiving an application

that demonstrates that such State qualifies for a Violent

Offender Incarceration grant under section 13703 of this title

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

this title.

(b) Limitations on funds

(1) Uses of funds

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

title, funds made available pursuant to this section shall be

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

of this title.

(2) Nonsupplanting requirement

Funds made available pursuant to this section shall not be used

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

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

available from State sources.

(3) Administrative costs

Not more than 3 percent of the funds that remain available

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

shall be available to the Attorney General for purposes of -

(A) administration;

(B) research and evaluation, including assessment of the

effect on public safety and other effects of the expansion of

correctional capacity and sentencing reforms implemented

pursuant to this part;

and development and implementation of sentencing reforms

implemented pursuant to this part; and

(D) data collection and improvement of information systems

relating to the confinement of violent offenders and other

sentencing and correctional matters.

(4) Carryover of appropriations

Funds appropriated pursuant to this section during any fiscal

year shall remain available until expended.

(5) Matching funds

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

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

application approved under this part.

-SOURCE-

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

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

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

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

-MISC1-

PRIOR PROVISIONS

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

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

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

14214 of this title.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 13709 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

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

Incentive Grants

-HEAD-

Sec. 13709. Payments for incarceration on tribal lands

-STATUTE-

(a) Reservation of funds

Notwithstanding any other provision of this part other than

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

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

General shall reserve, to carry out this section -

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

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

(b) Grants to Indian tribes

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

the Attorney General may make grants to Indian tribes for the

purposes of constructing jails on tribal lands for the

incarceration of offenders subject to tribal jurisdiction.

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

tribe shall submit to the Attorney General an application in such

form and containing such information as the Attorney General may by

regulation require.

-SOURCE-

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

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

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

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

-MISC1-

PRIOR PROVISIONS

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

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

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

L. 104-134.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

-End-

-CITE-

42 USC Sec. 13710 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

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

Incentive Grants

-HEAD-

Sec. 13710. Payments to eligible States for incarceration of

criminal aliens

-STATUTE-

(a) In general

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

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

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

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

section.

(b) Authorization of appropriations

Notwithstanding any other provision of this part, there are

authorized to be appropriated to carry out this section from

amounts authorized under section 13708 of this title, an amount

which when added to amounts appropriated to carry out section

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

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

$650,000,000.

The amounts appropriated to carry out this section shall be

reserved from the total amount appropriated for each fiscal year

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

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

section.

(d) Report to Congress

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

report to the Congress which contains the recommendation of the

Attorney General concerning the extension of the program under this

section.

-SOURCE-

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

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

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

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

-REFTEXT-

REFERENCES IN TEXT

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

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

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

3009-607.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 13711 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

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

Incentive Grants

-HEAD-

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

institutions

-STATUTE-

(a) In general

The Attorney General may make payments to States and units of

local government for the purposes authorized in section 4013 of

title 18.

(b) Authorization of appropriations

Notwithstanding any other provision of this part other than

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

appropriated from amounts authorized under section 13708 of this

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

be necessary to carry out this section.

-SOURCE-

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

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

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

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 13712 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

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

Incentive Grants

-HEAD-

Sec. 13712. Report by Attorney General

-STATUTE-

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

thereafter, the Attorney General shall report to the Congress on

the implementation of this part, including a report on the

eligibility of the States under sections 13703 and 13704 of this

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

-SOURCE-

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

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

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

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

-End-

-CITE-

42 USC Sec. 13713 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

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

Incentive Grants

-HEAD-

Sec. 13713. Aimee's Law

-STATUTE-

(a) Short title

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

(b) Definitions

In this section:

(1) Dangerous sexual offense

The term "dangerous sexual offense" means any offense under

State law for conduct that would constitute an offense under

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

maritime and territorial jurisdiction of the United States or in

a Federal prison.

(2) Murder

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

the Uniform Crime Reports of the Federal Bureau of Investigation.

(3) Rape

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

Uniform Crime Reports of the Federal Bureau of Investigation.

(1) Single State

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

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

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

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

costs of incarceration, prosecution, and apprehension of that

individual, from Federal law enforcement assistance funds that

have been allocated to but not distributed to the State that

convicted the individual of the prior offense, to the State

account that collects Federal law enforcement assistance funds of

the State that convicted that individual of the subsequent

offense.

(2) Multiple States

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

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

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

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

transfer an amount equal to the costs of incarceration,

prosecution, and apprehension of that individual, from Federal

law enforcement assistance funds that have been allocated to but

not distributed to each State that convicted such individual of

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

enforcement assistance funds of the State that convicted that

individual of the subsequent offense.

(3) State described

A State is described in this paragraph if -

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

individuals convicted of the offense for which the individual

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

by the State is less than the average term of imprisonment

imposed for that offense in all States; or

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

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

percent of the term of imprisonment to which that individual

was sentenced for the prior offense.

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

indeterminate sentencing, the term of imprisonment to which that

individual was sentenced for the prior offense shall be based on

the lower of the range of sentences.

(d) State applications

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

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

Attorney General an application, in such form and containing such

information as the Attorney General may reasonably require, which

shall include a certification that the State has convicted an

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

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

(e) Source of funds

(1) In general

Any amount transferred under subsection (c) of this section

shall be derived by reducing the amount of Federal law

enforcement assistance funds received by the State that convicted

such individual of the prior offense before the distribution of

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

State with an opportunity to select the specific Federal law

enforcement assistance funds to be so reduced (other than Federal

crime victim assistance funds).

(2) Payment schedule

The Attorney General, in consultation with the chief executive

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

shall establish a payment schedule.

(f) Construction

Nothing in this section may be construed to diminish or otherwise

affect any court ordered restitution.

(g) Exception

This section does not apply if the individual convicted of

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

prison upon the reversal of a conviction for an offense described

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

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

(h) Report

The Attorney General shall -

(1) conduct a study evaluating the implementation of this

section; and

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

on the results of that study.

(i) Collection of recidivism data

(1) In general

Beginning with calendar year 2002, and each calendar year

thereafter, the Attorney General shall collect and maintain

information relating to, with respect to each State -

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

(i) any dangerous sexual offense;

(ii) rape; and

(iii) murder; and

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

that constitute second or subsequent convictions of the

defendant of an offense described in that subparagraph.

(2) Report

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

thereafter, the Attorney General shall submit to Congress a

report, which shall include -

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

respect to each State during the preceding calendar year; and

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

individual convicted of an offense described in paragraph

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

another State during the preceding calendar year.

(j) Effective date

This section shall take effect on January 1, 2002.

-SOURCE-

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

1539.)

-COD-

CODIFICATION

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

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

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

1994 which enacted this chapter.

-End-

-CITE-

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

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

PART B - MISCELLANEOUS PROVISIONS

-End-

-CITE-

42 USC Sec. 13721 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 13721. Task force on prison construction standardization and

techniques

-STATUTE-

(a) Task force

The Director of the National Institute of Corrections shall,

subject to availability of appropriations, establish a task force

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

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

architects, and construction experts from the private sector with

expertise in prison design and construction, including the use of

cost-cutting construction standardization techniques and

cost-cutting new building materials and technologies.

(b) Cooperation

The task force shall work in close cooperation and communication

with other State and local officials responsible for prison

construction in their localities.

The task force shall work to -

(1) establish and recommend standardized construction plans and

techniques for prison and prison component construction; and

(2) evaluate and recommend new construction technologies,

techniques, and materials,

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

local levels and make such construction more efficient.

(d) Dissemination

The task force shall disseminate information described in

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

involved in prison construction, through written reports and

meetings.

(e) Promotion and evaluation

The task force shall -

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

at the Federal, State, and local levels;

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

such cost-saving efforts as adopted, broadly disseminating

information on the results; and

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

cost-savings efforts.

-SOURCE-

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

1826.)

-End-

-CITE-

42 USC Sec. 13722 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 13722. Efficiency in law enforcement and corrections

-STATUTE-

(a) In general

In the administration of each grant program funded by

appropriations authorized by this Act or by an amendment made by

this Act, the Attorney General shall encourage -

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

facilities to be constructed, converted, or expanded and the

low-cost operation of such facilities and the reduction of

administrative costs and overhead expenses; and

(2) the use of surplus Federal property.

(b) Assessment of construction components and designs

The Attorney General may make an assessment of the cost

efficiency and utility of using modular, prefabricated, precast,

and pre-engineered construction components and designs for housing

nonviolent criminals.

-SOURCE-

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

1826.)

-REFTEXT-

REFERENCES IN TEXT

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

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

Law Enforcement Act of 1994. For complete classification of this

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

of this title and Tables.

-End-

-CITE-

42 USC Sec. 13723 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

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

congressional hearings on future needs

-STATUTE-

(a) Congressional approval

Notwithstanding any other provision of law, the existing prison

facilities and complex at the District of Columbia Corrections

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

expansion has been approved by the Congress under the authority

provided to Congress in section 446 of the District of Columbia

Home Rule Act.

(b) Senate hearings

The Senate directs the Subcommittee on the District of Columbia

of the Committee on Appropriations of the Senate to conduct

hearings regarding expansion of the prison complex in Lorton,

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

of this section. The subcommittee shall permit interested parties,

including appropriate officials from the County of Fairfax,

Virginia, to testify at such hearings.

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

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

prison complex that is made to increase the number of inmates

incarcerated at the prison.

-SOURCE-

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

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

Stat. 786.)

-REFTEXT-

REFERENCES IN TEXT

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

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

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

Code.

-MISC1-

AMENDMENTS

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

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

and Governmental Reorganization Act".

EFFECTIVE DATE OF 1997 AMENDMENT

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

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

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

18, Crimes and Criminal Procedure.

-End-

-CITE-

42 USC Sec. 13724 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 13724. Conversion of closed military installations into

Federal prison facilities

-STATUTE-

(a) Study of suitable bases

The Secretary of Defense and the Attorney General shall jointly

conduct a study of all military installations selected before

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

the purpose of evaluating the suitability of any of these

installations, or portions of these installations, for conversion

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

and the Attorney General shall identify the military installations

so evaluated that are most suitable for conversion into Federal

prison facilities.

(b) Suitability for conversion

In evaluating the suitability of a military installation for

conversion into a Federal prison facility, the Secretary of Defense

and the Attorney General shall consider the estimated cost to

convert the installation into a prison facility and such other

factors as the Secretary and the Attorney General consider to be

appropriate.

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

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

13, 1994.

(d) Construction of Federal prisons

(1) In general

In determining where to locate any new Federal prison facility,

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

and identify a use for any portion of an installation closed

pursuant to title II of the Defense Authorization Amendments and

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

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

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

(A) consider whether using any portion of a military

installation closed or scheduled to be closed in the region

pursuant to a base closure law provides a cost-effective

alternative to the purchase of real property or construction of

new prison facilities;

(B) consider whether such use is consistent with a

reutilization and redevelopment plan; and

area the closure of which will have a substantial adverse

impact on the economy of the local communities and on the

ability of the communities to sustain an economic recovery from

such closure.

(2) Consent

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

the local re-use authority for the military installation,

recognized and funded by the Secretary of Defense, before the

Attorney General may proceed with plans for the design or

construction of a prison at the installation.

(3) Report on basis of decision

Before proceeding with plans for the design or construction of

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

report explaining the basis of the decision on where to locate

the new prison facility.

(4) Report on cost-effectiveness

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

closed military installation or an installation scheduled to be

closed for locating a prison, the report shall include an

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

a prison would be consistent with a reutilization and

redevelopment plan, does not provide a cost-effective alternative

to the purchase of real property or construction of new prison

facilities.

(e) "Base closure law" defined

In this section, "base closure law" means -

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

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

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

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

note).

-SOURCE-

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

1829.)

-REFTEXT-

REFERENCES IN TEXT

The Defense Authorization Amendments and Base Closure and

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

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

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

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

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

Title 10 and Tables.

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

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

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

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

of this Act to the Code, see Tables.

-End-

-CITE-

42 USC Sec. 13725 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 13725. Correctional job training and placement

-STATUTE-

(a) Purpose

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

training programs, and job placement programs, that provide

services to incarcerated persons or ex-offenders.

(b) Definitions

As used in this section:

(1) Correctional institution

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

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

any other similar institution designed for the confinement or

rehabilitation of criminal offenders.

(2) Correctional job training or placement program

The term "correctional job training or placement program" means

an activity that provides job training or job placement services

to incarcerated persons or ex-offenders, or that assists

incarcerated persons or ex-offenders in obtaining such services.

(3) Ex-offender

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

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

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

correctional institution.

(4) Incarcerated person

The term "incarcerated person" means any individual

incarcerated in a Federal or State correctional institution who

is charged with or convicted of any criminal offense.

(1) In general

The Attorney General shall establish within the Department of

Justice an Office of Correctional Job Training and Placement. The

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

the Attorney General.

(2) Timing

The Attorney General shall carry out this subsection not later

than 6 months after September 13, 1994.

(d) Functions of Office

The Attorney General, acting through the Director of the Office

of Correctional Job Training and Placement, in consultation with

the Secretary of Labor, shall -

(1) assist in coordinating the activities of the Federal

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

Department of Labor related to the certification of eligibility

for targeted jobs credits under section 51 of title 26 with

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

or placement program of the Department of Justice or Department

of Labor;

(2) provide technical assistance to State and local employment

and training agencies that -

(A) receive financial assistance under this Act; or

(B) receive financial assistance through other programs

carried out by the Department of Justice or Department of

Labor, for activities related to the development of

employability;

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

materials, and methods, for developing the staff competencies

needed by State and local agencies to assist incarcerated persons

and ex-offenders in gaining marketable occupational skills and

job placement;

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

activities of the Office of Correctional Job Training and

Placement, and the status of correctional job training or

placement programs in the United States;

(5) cooperate with other Federal agencies carrying out

correctional job training or placement programs to ensure

coordination of such programs throughout the United States;

(6) consult with, and provide outreach to -

(A) State job training coordinating councils, administrative

entities, and private industry councils, with respect to

programs carried out under this Act; and

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

employment or training programs carried out by the Department

of Justice or Department of Labor;

(7) collect from States information on the training

accomplishments and employment outcomes of a sample of

incarcerated persons and ex-offenders who were served by

employment or training programs carried out, or that receive

financial assistance through programs carried out, by the

Department of Justice or Department of Labor; and

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

the development and implementation of correctional job training

or placement programs; and

(B) disseminate such information, as appropriate.

-SOURCE-

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

1835.)

-REFTEXT-

REFERENCES IN TEXT

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

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

Control and Law Enforcement Act of 1994. For complete

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

out under section 13701 of this title and Tables.

-End-

-CITE-

42 USC Sec. 13726 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 13726. Findings

-STATUTE-

Congress finds the following:

(1) Increasingly, States are turning to private prisoner

transport companies as an alternative to their own personnel or

the United States Marshals Service when transporting violent

prisoners.

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

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

hubs across the country.

(3) Escapes by violent prisoners during transport by private

prisoner transport companies have occurred.

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

these problems.

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

will continue to use, fully trained and sworn law enforcement

officers when transporting violent prisoners, fiscal or

logistical concerns may make the use of highly specialized

private prisoner transport companies an option. Nothing in

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

mean that governmental entities should contract with private

prisoner transport companies to move violent prisoners; however

when a government entity opts to use a private prisoner transport

company to move violent prisoners, then the company should be

subject to regulation in order to enhance public safety.

-SOURCE-

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

-REFTEXT-

REFERENCES IN TEXT

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

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

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

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

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

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

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

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

-COD-

CODIFICATION

This section was enacted as part of the Interstate Transportation

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

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

enacted this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

this title.

-End-

-CITE-

42 USC Sec. 13726a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 13726a. Definitions

-STATUTE-

In sections 13726 to 13726c of this title:

(1) Crime of violence

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

924(c)(3) of title 18.

(2) Private prisoner transport company

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

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

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

transporting for compensation, individuals committed to the

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

State, or any attempt thereof.

(3) Violent prisoner

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

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

has previously been convicted of or is currently charged with a

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

inferior political subdivisions of a State, or any attempt

thereof.

-SOURCE-

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

-REFTEXT-

REFERENCES IN TEXT

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

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

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

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

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

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

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

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

-COD-

CODIFICATION

This section was enacted as part of the Interstate Transportation

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

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

enacted this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

this title.

-End-

-CITE-

42 USC Sec. 13726b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 13726b. Federal regulation of prisoner transport companies

-STATUTE-

(a) In general

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

General, in consultation with the American Correctional Association

and the private prisoner transport industry, shall promulgate

regulations relating to the transportation of violent prisoners in

or affecting interstate commerce.

(b) Standards and requirements

The regulations shall include the following:

(1) Minimum standards for background checks and preemployment

drug testing for potential employees, including requiring

criminal background checks, to disqualify persons with a felony

conviction or domestic violence conviction as defined by section

921 of title 18 for eligibility for employment. Preemployment

drug testing will be in accordance with applicable State laws.

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

employees must undergo before they can transport prisoners not to

exceed 100 hours of preservice training focusing on the

transportation of prisoners. Training shall be in the areas of

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

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

driving.

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

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

more stringent than current applicable rules and regulations

concerning hours of service promulgated under the Federal Motor

Vehicle Safety Act.(!1)

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

supervise violent prisoners. Such standards shall provide the

transport entity with appropriate discretion, and, absent more

restrictive requirements contracted for by the procuring

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

every 6 violent prisoners.

(5) Minimum standards for employee uniforms and identification

that require wearing of a uniform with a badge or insignia

identifying the employee as a transportation officer.

(6) Standards establishing categories of violent prisoners

required to wear brightly colored clothing clearly identifying

them as prisoners, when appropriate.

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

when transporting violent prisoners, to include leg shackles and

double-locked handcuffs, when appropriate.

(8) A requirement that when transporting violent prisoners,

private prisoner transport companies notify local law enforcement

officials 24 hours in advance of any scheduled stops in their

jurisdiction.

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

prisoner, private prisoner transport company officials shall

immediately notify appropriate law enforcement officials in the

jurisdiction where the escape occurs, and the governmental entity

that contracted with the private prisoner transport company for

the transport of the escaped violent prisoner.

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

accordance with applicable Federal and State law.

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

the regulations promulgated under sections 13726 to 13726c of this

title shall not provide stricter standards with respect to private

prisoner transport companies than are applicable, without

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

Prisons, and the Immigration and Naturalization Service when

transporting violent prisoners under comparable circumstances.

-SOURCE-

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

-REFTEXT-

REFERENCES IN TEXT

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

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

Secretary of Transportation to prescribe requirements relating to

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

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

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

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

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

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

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

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

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

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

-COD-

CODIFICATION

This section was enacted as part of the Interstate Transportation

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

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

enacted this chapter.

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

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

under section 1551 of Title 8, Aliens and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 13726c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER I - PRISONS

Part B - Miscellaneous Provisions

-HEAD-

Sec. 13726c. Enforcement

-STATUTE-

Any person who is found in violation of the regulations

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

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

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

to the United States for the costs of prosecution; and

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

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

expends funds for the purpose of apprehending any violent

prisoner who escapes from a prisoner transport company as the

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

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

-SOURCE-

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

-REFTEXT-

REFERENCES IN TEXT

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

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

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

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

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

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

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

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

-COD-

CODIFICATION

This section was enacted as part of the Interstate Transportation

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

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

enacted this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

this title.

-End-

-CITE-

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

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

-HEAD-

SUBCHAPTER II - CRIME PREVENTION

-End-

-CITE-

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

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part A - Ounce of Prevention Council

-HEAD-

PART A - OUNCE OF PREVENTION COUNCIL

-End-

-CITE-

42 USC Sec. 13741 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part A - Ounce of Prevention Council

-HEAD-

Sec. 13741. Ounce of Prevention Council

-STATUTE-

(a) Establishment

(1) In general

There is established an Ounce of Prevention Council (referred

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

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

Education, the Secretary of Health and Human Services, the

Secretary of Housing and Urban Development, the Secretary of

Labor, the Secretary of Agriculture, the Secretary of the

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

the Office of National Drug Control Policy; and

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

directed by the President.

(2) Chair

The President shall designate the Chair of the Council from

among its members (referred to in this subchapter as the

"Chair").

(3) Staff

The Council may employ any necessary staff to carry out its

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

member or members of the Council.

(b) Program coordination

For any program authorized under the Violent Crime Control and

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

only at the request of the Council member with jurisdiction over

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

through the Council.

In addition to the program coordination provided in subsection

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

functions as coordinated planning, development of a comprehensive

crime prevention program catalogue, provision of assistance to

communities and community-based organizations seeking information

regarding crime prevention programs and integrated program service

delivery, and development of strategies for program integration and

grant simplification. The Council shall have the authority to audit

the expenditure of funds received by grantees under programs

administered by or coordinated through the Council. In consultation

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

carry out this part and programs administered by or coordinated

through the Council.

-SOURCE-

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

1836.)

-REFTEXT-

REFERENCES IN TEXT

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

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

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

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

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

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

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

Procedure, and enacted provisions set out as notes under section

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

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

The Violent Crime Control and Law Enforcement Act of 1994,

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

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

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

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 13742 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part A - Ounce of Prevention Council

-HEAD-

Sec. 13742. Ounce of prevention grant program

-STATUTE-

(a) In general

The Council may make grants for -

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

education and recreation programs;

(2) mentoring, tutoring, and other programs involving

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

(3) programs assisting and promoting employability and job

placement; and

(4) prevention and treatment programs to reduce substance

abuse, child abuse, and adolescent pregnancy, including outreach

programs for at-risk families.

(b) Applicants

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

other municipalities, school boards, colleges and universities,

private nonprofit entities, or consortia of eligible applicants.

Applicants must show that a planning process has occurred that has

involved organizations, institutions, and residents of target

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

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

local private-sector representatives. Applicants must demonstrate

the substantial involvement of neighborhood-based entities in the

carrying out of the proposed activities. Proposals must demonstrate

that a broad base of collaboration and coordination will occur in

the implementation of the proposed activities, involving

cooperation among youth-serving organizations, schools, health and

social service providers, employers, law enforcement professionals,

local government, and residents of target areas, including young

people. Applications shall be geographically based in particular

neighborhoods or sections of municipalities or particular segments

of rural areas, and applications shall demonstrate how programs

will serve substantial proportions of children and youth resident

in the target area with activities designed to have substantial

impact on their lives.

In making such grants, the Council shall give preference to

coalitions consisting of a broad spectrum of community-based and

social service organizations that have a coordinated team approach

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

providing alternatives to at-risk youth.

(d) Federal share

(1) In general

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

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

the applications submitted under subsection (b) of this section

for the fiscal year for which the projects receive assistance

under this subchapter.

(2) Waiver

The Council may waive the 25 percent matching requirement under

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

equitable in view of the financial circumstances affecting the

ability of the applicant to meet that requirement.

(3) Non-Federal share

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

fairly evaluated, including plant, equipment, and services.

(4) Nonsupplanting requirement

Funds made available under this subchapter to a governmental

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

the case of Indian tribal governments, funds supplied by the

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

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

received under this subchapter, be made available from State or

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

funds supplied by the Bureau of Indian Affairs.

(5) Evaluation

The Council shall conduct a thorough evaluation of the programs

assisted under this subchapter.

-SOURCE-

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

1837.)

-REFTEXT-

REFERENCES IN TEXT

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

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

L. 103-322 does not contain parts.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 13743 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part A - Ounce of Prevention Council

-HEAD-

Sec. 13743. "Indian tribe" defined

-STATUTE-

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

or other organized group or community of Indians, including an

Alaska Native village (as defined in or established under the

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

that is recognized as eligible for the special programs and

services provided by the United States to Indians because of their

status as Indians.

-SOURCE-

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

1838.)

-REFTEXT-

REFERENCES IN TEXT

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

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

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

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

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

43 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-FOOTNOTE-

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

the comma.

-End-

-CITE-

42 USC Sec. 13744 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part A - Ounce of Prevention Council

-HEAD-

Sec. 13744. Authorization of appropriations

-STATUTE-

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

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

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

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

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

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

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

-SOURCE-

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

1838.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Part B - Local Crime Prevention Block Grant

Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part B - Local Crime Prevention Block Grant Program

-HEAD-

PART B - LOCAL CRIME PREVENTION BLOCK GRANT PROGRAM

-End-

-CITE-

42 USC Sec. 13751 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part B - Local Crime Prevention Block Grant Program

-HEAD-

Sec. 13751. Payments to local governments

-STATUTE-

(a) Payment and use

(1) Payment

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

local government which qualifies for a payment under this part an

amount equal to the sum of any amounts allocated to the

government under this part for each payment period. The Attorney

General shall pay such amount from amounts appropriated under

section 13752 of this title.

(2) Use

Amounts paid to a unit of general local government under this

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

of the following purposes:

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

treatment, and rehabilitation programs to prevent juvenile

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

by juveniles.

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

the concepts of the Triad model.

involved, including the award of grants or contracts to

community-based service providers that have a proven track

record of providing services to children ages 5 to 18.

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

conjunction with the services provided for under the Youth Fair

Chance Program, that provide employment opportunities leading

to permanent unsubsidized employment for disadvantaged young

adults 16 through 25 years of age.

(E) Midnight sports league programs that shall require each

player in the league to attend employment counseling, job

training, and other educational classes provided under the

program, which shall be held in conjunction with league sports

games at or near the site of the games.

(F) Supervised sports and recreation programs, including

Olympic Youth Development Centers established in cooperation

with the United States Olympic Committee, that are offered -

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

school year; and

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

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

during the summer months.

(G) Prevention and enforcement programs to reduce -

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

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

(H) Youth anticrime councils to give intermediate and

secondary school students a structured forum through which to

work with community organizations, law enforcement officials,

government and media representatives, and school administrators

and faculty to address issues regarding youth and violence.

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

of America, a national nonprofit youth organization, to

establish Boys and Girls Clubs in public housing.

(J) Supervised visitation centers for children who have been

removed from their parents and placed outside the home as a

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

for children whose parents are separated or divorced and the

children are at risk because -

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

abuse as determined by a court of competent jurisdiction;

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

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

parental abduction of the child;

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

harm to a parent or child;

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

mental illness;

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

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

pending an investigation of the allegations; or

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

competent jurisdiction, point to the existence of such a

risk.

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

parent worker, and a school-parent organizer to provide

training in outreach, mentoring, community organizing and peer

counseling and mentoring to locally recruited volunteers in a

particular area.

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

increasing the numbers, presence, and watchfulness of law

enforcement officers, community groups, and business owners and

employees.

(M) Teams or units involving both specially trained law

enforcement professionals and child or family services

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

violent incidents in which a child is involved as a

perpetrator, witness, or victim.

(N) Dwelling units to law enforcement officers without charge

or at a substantially reduced rent for the purpose of providing

greater security for residents of high crime areas.

(b) Timing of payments

The Attorney General shall pay each amount allocated under this

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

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

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

government has provided the Attorney General with the assurances

required by section 13753(d) of this title.

(1) In general

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

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

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

less than the amount required to be paid.

(2) Considerations

The Attorney General may increase or decrease under this

subsection a payment to a unit of general local government only

if the Attorney General determines the need for the increase or

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

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

payment was made.

(d) Reservation for adjustments

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

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

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

General considers the reserve is necessary to ensure the

availability of sufficient amounts to pay adjustments after the

final allocation of amounts among the units of general local

government in the State.

(e) Repayment of unexpended amounts

(1) Repayment required

A unit of general local government shall repay to the Attorney

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

Attorney General, any amount that is -

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

authority of this section; and

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

from the Attorney General.

(2) Penalty for failure to repay

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

General shall reduce payments in future payment periods

accordingly.

(3) Deposit of amounts repaid

Amounts received by the Attorney General as repayments under

this subsection shall be deposited in a designated fund for

future payments to units of general local government.

(f) Nonsupplanting requirement

Funds made available under this part to units of local government

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

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

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

sources.

-SOURCE-

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

1838.)

-MISC1-

NATIONAL POLICE ATHLETIC LEAGUE YOUTH ENRICHMENT

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

"SECTION 1. SHORT TITLE.

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

Youth Enrichment Act of 2000'.

"SEC. 2. FINDINGS.

"Congress makes the following findings:

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

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

PAL programs;

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

supervision of law enforcement personnel where mutual trust and

respect can be built;

"(C) increase school attendance by providing alternatives to

suspensions and expulsions;

"(D) reduce the juvenile crime rate in participating

designated communities and the number of police calls involving

juveniles during nonschool hours;

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

tobacco, and gang activity;

"(F) create positive communications and interaction between

youth and law enforcement personnel; and

"(G) prepare youth for the workplace.

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

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

communities it serves.

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

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

chapters throughout the United States, the Virgin Islands, and

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

to 18, nationwide.

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

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

cities and urban areas.

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

organizations. Although most PAL chapters are sponsored by a law

enforcement agency, PAL chapters receive no direct funding from

law enforcement agencies and are dependent in large part on

support from the private sector, such as individuals, business

leaders, corporations, and foundations. PAL chapters have been

exceptionally successful in balancing public funds with private

sector donations and maximizing community involvement.

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

parents and grandparents. Law enforcement statistics demonstrate

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

committing violent acts and being victims of violent acts between

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

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

failing in school, even though the consequences of academic

failure are more dire in 1999 than ever before.

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

underserved by PAL chapters.

"SEC. 3. PURPOSE.

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

form of -

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

increase of services to the communities they are serving; and

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

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

projects and other distressed areas, including distressed areas

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

fiscal year 2006.

"SEC. 4. DEFINITIONS.

"In this Act:

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

General' means the Assistant Attorney General for the Office of

Justice Programs of the Department of Justice.

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

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

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

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

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

Police or Sheriff's Athletic/Activities League.

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

League' means the private, nonprofit, national representative

organization for 320 Police or Sheriff's Athletic/Activities

Leagues throughout the United States (including the Virgin

Islands and the Commonwealth of Puerto Rico).

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

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

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

"SEC. 5. GRANTS AUTHORIZED.

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

years 2001 through 2005, the Assistant Attorney General shall award

a grant to the Police Athletic League for the purpose of

establishing PAL chapters to serve public housing projects and

other distressed areas, and expanding existing PAL chapters to

serve additional youths.

"(b) Application. -

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

under this section, the Police Athletic League shall submit to

the Assistant Attorney General an application, which shall

include -

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

chapters and detailed summary of those areas in which new PAL

chapters will be established, or in which existing chapters

will be expanded to serve additional youths, during the next

fiscal year;

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

570 PAL chapters in operation before January 1, 2004;

"(C) a certification that there will be appropriate

coordination with those communities where new PAL chapters will

be located; and

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

will operate without additional, direct Federal financial

assistance once assistance under this Act is discontinued.

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

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

later than 120 days after the date of such submission.

"SEC. 6. USE OF FUNDS.

"(a) In General. -

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

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

the Police Athletic League to provide funding for the

establishment of PAL chapters serving public housing projects and

other distressed areas, or the expansion of existing PAL

chapters.

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

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

programs during nonschool hours, of which -

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

"(i) mentoring assistance;

"(ii) academic assistance;

"(iii) recreational and athletic activities; or

"(iv) technology training; and

"(B) any remaining programs shall provide -

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

"(ii) health and nutrition counseling;

"(iii) cultural and social programs;

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

peer pressure training;

"(v) job skill preparation activities; or

"(vi) Youth Police Athletic League Conferences or Youth

Forums.

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

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

practicable -

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

social organizations, and law enforcement organizations to serve

as mentors or to assist in other ways;

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

designing the after-school activities;

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

in the community;

"(4) request donations of computer equipment and other

materials and equipment; and

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

that activities funded with amounts made available under a grant

under this Act will not duplicate activities funded from other

sources in the community served.

"SEC. 7. REPORTS.

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

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

League shall submit to the Assistant Attorney General a report on

the use of amounts made available under the grant.

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

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

the Assistant Attorney General shall submit to the Committees on

the Judiciary of the Senate and the House of Representatives a

report that details the progress made under this Act in

establishing and expanding PAL chapters in public housing projects

and other distressed areas, and the effectiveness of the PAL

programs in reducing drug abuse, school dropouts, and juvenile

crime.

"SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

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

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

through 2005.

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

available to carry out this Act in each fiscal year -

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

evaluation of the grant program under this Act;

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

assistance related to the use of amounts made available under

grants awarded under this Act; and

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

and administration of the grant program under this Act, except

that the total amount made available under this paragraph for

administration of that program shall not exceed 6 percent."

KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE

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

1260, provided that:

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

Act'.

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

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

throughout the United States.

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

take place during after-school hours.

"(3) Knowledge of technology is becoming increasingly necessary

for children in school and out of school.

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

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

primarily from at-risk communities.

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

structures in place for immediate implementation of an

after-school technology program.

"(6) Building technology centers and providing integrated

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

Girls Clubs of America nationwide will help foster education, job

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

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

sector are an effective way of providing after-school technology

programs in the Boys and Girls Clubs of America.

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

comprised of more than a dozen nonprofit organizations, major

corporations, and Federal agencies that have joined together to

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

underserved young people acquire the skills, experiences, and

resources they need to succeed in the digital age.

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

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

crime-free environment in which to learn the technological skills

they need to close the divide between young people who have

access to computer-based information and technology-related

skills and those who do not.

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

of America. -

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

Boys and Girls Clubs of America for the purpose of funding

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

order to provide -

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

of a comprehensive program to provide access to technology and

technology training to youth during after-school hours,

weekends, and school vacations;

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

and

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

qualified personnel.

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

make subawards to local boys and girls clubs authorizing

expenditures associated with providing technology programs such

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

procurement of goods and services, including computer equipment,

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

"(d) Applications. -

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

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

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

Girls Clubs of America, in such form and containing such

information as the Attorney General may reasonably require.

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

accordance with paragraph (1) shall include -

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

this section;

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

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

drug use in the communities;

"(C) written assurances that Federal funds received under

this section will be used to supplement and not supplant,

non-Federal funds that would otherwise be available for

activities funded under this section;

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

section will be supervised by qualified adults;

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

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

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

programs such as PowerUp, and the provision of trained adult

personnel to supervise the after-school technology training;

and

"(G) any additional statistical or financial information that

the Boys and Girls Clubs of America may reasonably require.

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

the Boys and Girls Clubs of America shall consider -

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

services;

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

providing youth activities; and

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

crime-prone areas and technologically underserved populations,

and efforts to achieve an equitable geographic distribution of

the grant awards.

"(f) Authorization of Appropriations. -

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

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

carry out this section.

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

derived from the Violent Crime Reduction Trust Fund.

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

this subsection shall remain available until expended."

ESTABLISHMENT OF BOYS AND GIRLS CLUBS

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

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

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

2002, 116 Stat. 1791, provided that:

"(a) Findings and Purpose. -

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

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

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

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

organization, has proven itself as a positive force in the

communities it serves;

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

throughout the United States, Puerto Rico, and the United

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

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

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

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

exceptionally successful in balancing public funds with private

sector donations and maximizing community involvement;

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

sites across the Nation;

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

and Girls Club have experienced a 25 percent reduction in the

presence of crack cocaine, a 22 percent reduction in overall

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

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

trends in which overall drug use by youth has increased 105

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

people use drugs on a monthly basis; and

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

are still underserved by Boys and Girls Clubs.

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

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

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

where needed, with particular emphasis placed on establishing

clubs in public housing projects and distressed areas, and to

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

Girls Clubs of America facilities in operation not later than

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

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

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

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

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

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

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

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

U.S.C. 290bb-23) of sufficient size to warrant the establishment

of a Boys and Girls Club.

"(c) Establishment. -

"(1) In general. - For each of the fiscal years 2002, 2003,

2004, 2005, and 2006, the Director of the Bureau of Justice

Assistance of the Department of Justice shall make a grant to the

Boys and Girls Clubs of America for the purpose of establishing

and extending Boys and Girls Clubs facilities where needed, with

particular emphasis placed on establishing clubs in and extending

services to public housing projects and distressed areas.

"(2) Applications. - The Attorney General shall accept an

application for a grant under this subsection if submitted by the

Boys and Girls Clubs of America, and approve or deny the grant

not later than 90 days after the date on which the application is

submitted, if the application -

"(A) includes a long-term strategy to establish 1,200

additional Boys and Girls Clubs and detailed summary of those

areas in which new facilities will be established, or in which

existing facilities will be expanded to serve additional

youths, during the next fiscal year;

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

less than 4,000 Boys and Girls Clubs of America facilities in

operation before January 1, 2007;

"(C) certifies that there will be appropriate coordination

with those communities where clubs will be located; and

"(D) explains the manner in which new facilities will operate

without additional, direct Federal financial assistance to the

Boys and Girls Clubs once assistance under this subsection is

discontinued.

"(d) Report. - Not later than May 1 of each fiscal year for which

amounts are made available to carry out this Act [see Tables for

classification], the Attorney General shall submit to the

Committees on the Judiciary of the Senate and the House of

Representatives a report that details the progress made under this

Act in establishing Boys and Girls Clubs in public housing projects

and other distressed areas, and the effectiveness of the programs

in reducing drug abuse and juvenile crime.

"(e) Authorization of Appropriations. -

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

carry out this section -

"(A) $70,000,000 for fiscal year 2002;

"(B) $80,000,000 for fiscal year 2003;

"(C) $80,000,000 for fiscal year 2004; and

"(D) $80,000,000 for fiscal year 2005.

"[(2) Repealed. Pub. L. 107-273, div. B, title I, Sec. 1101(3),

Nov. 2, 2002, 116 Stat. 1791.]

"(f) Role Model Grants. - Of amounts made available under

subsection (e) for any fiscal year -

"(1) not more than 5 percent may be used to provide a grant to

the Boys and Girls Clubs of America for administrative, travel,

and other costs associated with a national role-model speaking

tour program; and

"(2) no amount may be used to compensate speakers other than to

reimburse speakers for reasonable travel and accommodation costs

associated with the program described in paragraph (1)."

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

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

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

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

108(b)] of Pub. L. 106-113, set out as a note under section 3741 of

this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13753, 13755, 14214 of

this title.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

42 USC Sec. 13752 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part B - Local Crime Prevention Block Grant Program

-HEAD-

Sec. 13752. Authorization of appropriations

-STATUTE-

(a) Authorization of appropriations

There are authorized to be appropriated to carry out this part -

(1) $75,940,000 for fiscal year 1996;

(2) $75,940,000 for fiscal year 1997;

(3) $75,940,000 for fiscal year 1998;

(4) $75,940,000 for fiscal year 1999; and

(5) $73,240,000 for fiscal year 2000.

Such sums are to remain available until expended.

(b) Administrative costs

Up to 2.5 percent of the amount authorized to be appropriated

under subsection (b) (!1) of this section is authorized to be

appropriated for the period fiscal year 1995 through fiscal year

2000 to be available for administrative costs by the Attorney

General in furtherance of the purposes of the program. Such sums

are to remain available until expended.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30202, Sept. 13, 1994, 108 Stat.

1841.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13751, 13754, 14214 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be subsection "(a)".

-End-

-CITE-

42 USC Sec. 13753 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part B - Local Crime Prevention Block Grant Program

-HEAD-

Sec. 13753. Qualification for payment

-STATUTE-

(a) In general

The Attorney General shall issue regulations establishing

procedures under which eligible units of general local government

are required to provide notice to the Attorney General of the

units' proposed use of assistance under this part.

(b) General requirements for qualification

A unit of general local government qualifies for a payment under

this part for a payment period only after establishing to the

satisfaction of the Attorney General that -

(1) the government will establish a trust fund in which the

government will deposit all payments received under this part;

(2) the government will use amounts in the trust fund

(including interest) during a reasonable period;

(3) the government will expend the payments so received, in

accordance with the laws and procedures that are applicable to

the expenditure of revenues of the government;

(4) if at least 25 percent of the pay of individuals employed

by the government in a public employee occupation is paid out of

the trust fund, individuals in the occupation any part of whose

pay is paid out of the trust fund will receive pay at least equal

to the prevailing rate of pay for individuals employed in similar

public employee occupations by the government;

(5) the government will use accounting, audit, and fiscal

procedures that conform to guidelines which shall be prescribed

by the Attorney General. As applicable, amounts received under

this part shall be audited in compliance with the Single Audit

Act of 1984 [31 U.S.C. 7501 et seq.];

(6) after reasonable notice to the government, the government

will make available to the Attorney General and the Comptroller

General of the United States, with the right to inspect, records

the Attorney General reasonably requires to review compliance

with this part or the Comptroller General of the United States

reasonably requires to review compliance and operations;

(7) the government will make reports the Attorney General

reasonably requires, in addition to the annual reports required

under this part; and

(8) the government will spend the funds only for the purposes

set forth in section 13751(a)(2) of this title.

A unit of general local government shall give the chief executive

officer of the State in which the government is located an

opportunity for review and comment before establishing compliance

with subsection (d) of this section.

(d) Sanctions for noncompliance

(1) In general

If the Attorney General decides that a unit of general local

government has not complied substantially with subsection (b) of

this section or regulations prescribed under subsection (b) of

this section, the Attorney General shall notify the government.

The notice shall state that if the government does not take

corrective action by the 60th day after the date the government

receives the notice, the Attorney General will withhold

additional payments to the government for the current payment

period and later payment periods until the Attorney General is

satisfied that the government -

(A) has taken the appropriate corrective action; and

(B) will comply with subsection (b) of this section and

regulations prescribed under subsection (b) of this section.

(2) Notice

Before giving notice under paragraph (1), the Attorney General

shall give the chief executive officer of the unit of general

local government reasonable notice and an opportunity for

comment.

(3) Payment conditions

The Attorney General may make a payment to a unit of general

local government notified under paragraph (1) only if the

Attorney General is satisfied that the government -

(A) has taken the appropriate corrective action; and

(B) will comply with subsection (b) of this section and

regulations prescribed under subsection (b) of this section.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30203, Sept. 13, 1994, 108 Stat.

1841; Pub. L. 104-316, title I, Sec. 122(u), Oct. 19, 1996, 110

Stat. 3838.)

-REFTEXT-

REFERENCES IN TEXT

The Single Audit Act of 1984, referred to in subsec. (b)(5), is

Pub. L. 98-502, Oct. 19, 1984, 98 Stat. 2327, as amended, which is

classified generally to chapter 75 (Sec. 7501 et seq.) of Title 31,

Money and Finance. For complete classification of this Act to the

Code, see Short Title note set out under section 7501 of Title 31

and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(5). Pub. L. 104-316 struck out "after

consultation with the Comptroller General of the United States"

after "Attorney General".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13751, 14214 of this

title.

-End-

-CITE-

42 USC Sec. 13754 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part B - Local Crime Prevention Block Grant Program

-HEAD-

Sec. 13754. Allocation and distribution of funds

-STATUTE-

(a) State distribution

For each payment period, the Attorney General shall allocate out

of the amount appropriated for the period under the authority of

section 13752 of this title -

(1) 0.25 percent to each State; and

(2) of the total amount of funds remaining after allocation

under paragraph (1), an amount that is equal to the ratio that

the number of part 1 violent crimes reported by such State to the

Federal Bureau of Investigation for 1993 bears to the number of

part 1 violent crimes reported by all States to the Federal

Bureau of Investigation for 1993.

(b) Local distribution

(1) The Attorney General shall allocate among the units of

general local government in a State the amount allocated to the

State under paragraphs (1) and (2) of subsection (a) of this

section.

(2) The Attorney General shall allocate to each unit of general

local government an amount which bears the ratio that the number of

part 1 violent crimes reported by such unit to the Federal Bureau

of Investigation for 1993 bears to the number of part 1 violent

crimes reported by all units in the State in which the unit is

located to the Federal Bureau of Investigation for 1993 multiplied

by the ratio of the population living in all units in the State in

which the unit is located that reported part 1 violent crimes to

the Federal Bureau of Investigation for 1993 bears to the

population of the State; or if such data are not available for a

unit, the ratio that the population of such unit bears to the

population of all units in the State in which the unit is located

for which data are not available multiplied by the ratio of the

population living in units in the State in which the unit is

located for which data are not available bears to the population of

the State.

(3) If under paragraph (2) a unit is allotted less than $5,000

for the payment period, the amount allotted shall be transferred to

the Governor of the State who shall equitably distribute the

allocation to all such units or consortia thereof.

(4) If there is in a State a unit of general local government

that has been incorporated since the date of the collection of the

data used by the Attorney General in making allocations pursuant to

this section, the Attorney General shall allocate to this newly

incorporated local government, out of the amount allocated to the

State under this section, an amount bearing the same ratio to the

amount allocated to the State as the population of the newly

incorporated local government bears to the population of the State.

If there is in the State a unit of general local government that

has been annexed since the date of the collection of the data used

by the Attorney General in making allocations pursuant to this

section, the Attorney General shall pay the amount that would have

been allocated to this local government to the unit of general

local government that annexed it.

For purposes of this section, if data regarding part 1 violent

crimes in any State for 1993 is unavailable or substantially

inaccurate, the Attorney General shall utilize the best available

comparable data regarding the number of violent crimes for 1993 for

such State for the purposes of allocation of any funds under this

part.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30204, Sept. 13, 1994, 108 Stat.

1842.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13758, 14214 of this

title.

-End-

-CITE-

42 USC Sec. 13755 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part B - Local Crime Prevention Block Grant Program

-HEAD-

Sec. 13755. Utilization of private sector

-STATUTE-

Funds or a portion of funds allocated under this part may be

utilized to contract with private, nonprofit entities or

community-based organizations to carry out the uses specified under

section 13751(a)(2) of this title.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30205, Sept. 13, 1994, 108 Stat.

1843.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13756 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part B - Local Crime Prevention Block Grant Program

-HEAD-

Sec. 13756. Public participation

-STATUTE-

A unit of general local government expending payments under this

part shall hold at least one public hearing on the proposed use of

the payment in relation to its entire budget. At the hearing,

persons shall be given an opportunity to provide written and oral

views to the governmental authority responsible for enacting the

budget and to ask questions about the entire budget and the

relation of the payment to the entire budget. The government shall

hold the hearing at a time and a place that allows and encourages

public attendance and participation.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30206, Sept. 13, 1994, 108 Stat.

1843.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13757 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part B - Local Crime Prevention Block Grant Program

-HEAD-

Sec. 13757. Administrative provisions

-STATUTE-

The administrative provisions of part H of the Omnibus Crime

Control and Safe Streets Act of 1968 [42 U.S.C. 3781 et seq.],

shall apply to the Attorney General for purposes of carrying out

this part.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30207, Sept. 13, 1994, 108 Stat.

1844.)

-REFTEXT-

REFERENCES IN TEXT

The Omnibus Crime Control and Safe Streets Act of 1968, referred

to in text, is Pub. L. 90-351, June 19, 1968, 82 Stat. 197, as

amended. The reference to part H of the Act probably means part H

of title I of the Act which is classified principally to subchapter

VIII (Sec. 3781 et seq.) of chapter 46 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 3711 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Sec. 13758 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part B - Local Crime Prevention Block Grant Program

-HEAD-

Sec. 13758. Definitions

-STATUTE-

For purposes of this part:

(1) The term "unit of general local government" means -

(A) a county, township, city, or political subdivision of a

county, township, or city, that is a unit of general local

government as determined by the Secretary of Commerce for

general statistical purposes; and

(B) the District of Columbia and the recognized governing

body of an Indian tribe or Alaskan Native village that carries

out substantial governmental duties and powers.

(2) The term "payment period" means each 1-year period

beginning on October 1 of the years 1995 through 2000.

(3) The term "State" means any State of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, American Samoa, Guam, and the Northern Mariana Islands,

except that American Samoa, Guam, and the Northern Mariana

Islands shall be considered as one State and that, for purposes

of section 13754(a) of this title, 33 per centum of the amounts

allocated shall be allocated to American Samoa, 50 per centum to

Guam, and 17 per centum to the Northern Mariana Islands.

(4) The term "children" means persons who are not younger than

5 and not older than 18 years old.

(5) The term "part 1 violent crimes" means murder and

non-negligent manslaughter, forcible rape, robbery, and

aggravated assault as reported to the Federal Bureau of

Investigation for purposes of the Uniform Crime Reports.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30208, Sept. 13, 1994, 108 Stat.

1844.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14214 of this title.

-End-

-CITE-

42 USC Part C - Model Intensive Grant Programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part C - Model Intensive Grant Programs

-HEAD-

PART C - MODEL INTENSIVE GRANT PROGRAMS

-End-

-CITE-

42 USC Sec. 13771 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 136 - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

SUBCHAPTER II - CRIME PREVENTION

Part C - Model Intensive Grant Programs

-HEAD-

Sec. 13771. Grant authorization

-STATUTE-

(a) Establishment

(1) In general

The Attorney General may award grants to not more than 15

chronic high intensive crime areas to develop comprehensive model

crime prevention programs that -

(A) involve and utilize a broad spectrum of community

resources, including nonprofit community organizations, law

enforcement organizations, and appropriate State and Federal

agencies, including the State educational agencies;

(B) attempt to relieve conditions that encourage crime; and

involvement in crime.

(2) Consultation with the Ounce of Prevention Council

The Attorney General may consult with the Ounce of Prevention

Council in awarding grants under paragraph (1).

(b) Priority

In awarding grants under subsection (a) of this section, the

Attorney General shall give priority to proposals that -

(1) are innovative in approach to the prevention of crime in a

specific area;

(2) vary in approach to ensure that comparisons of different

models may be made; and

(3) coordinate crime prevention programs funded under this

program with other existing Federal programs to address the

overall needs of communities that benefit from grants received

under this subchapter.

-SOURCE-

(Pub. L. 103-322, title III, Sec. 30301, Sept. 13, 1994, 108 Stat.

1844.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (b)(3), was in the