-CITE- 42 USC CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT -HEAD- CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT -MISC1- Sec. 3701. Repealed. 3702. State and local governments to consider courts. SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS 3711. Establishment of Office of Justice Programs. 3712. Duties and functions of Assistant Attorney General. 3712a. Office of Weed and Seed Strategies. 3712b. Weed and Seed strategies. 3712c. Inclusion of Indian tribes. 3712d. Transferred. 3712e. Community Capacity Development Office. 3712f. Division of Applied Law Enforcement Technology. 3712g. Availability of funds. 3712h. Office of Audit, Assessment, and Management. 3713. State grant program for training and prosecution of computer crimes. 3713a. Local law enforcement grants. 3713b. Improved investigative and forensic resources for enforcement of laws related to intellectual property crimes. 3713c. Additional funding for resources to investigate and prosecute intellectual property crimes and other criminal activity involving computers. 3713d. Annual reports. 3714. Grant program for State and local domestic preparedness support. 3714a. Grants to States for threat assessment databases. 3715. Office of Justice Programs grants, cooperative agreements, and contracts. 3715a. Consolidation of financial management systems of Office of Justice Programs. 3716. Support for criminal investigations and prosecutions by State, local, and tribal law enforcement officials. 3716a. Grant program. SUBCHAPTER II - NATIONAL INSTITUTE OF JUSTICE 3721. Statement of purpose. 3722. National Institute of Justice. 3723. Authority for 100 per centum grants. 3724. Repealed. SUBCHAPTER III - BUREAU OF JUSTICE STATISTICS 3731. Statement of purpose. 3732. Bureau of Justice Statistics. 3733. Authority for 100 per centum grants. 3734. Repealed. 3735. Use of data. SUBCHAPTER IV - ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE 3741. Establishment of Bureau of Justice Assistance. 3742. Duties and functions of Director. 3743. Grants for young witness assistance. SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS PART A - EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM 3750. Name of program. 3751. Description. 3752. Applications. 3753. Review of applications. 3754. Rules. 3755. Formula. 3756. Reserved funds. 3757. Interest-bearing trust funds. 3758. Authorization of appropriations. PART B - DISCRETIONARY GRANTS SUBPART 1 - GRANTS TO PUBLIC AND PRIVATE ENTITIES 3760 to 3762. Repealed. SUBPART 2 - GRANTS TO PUBLIC AGENCIES 3762a. Correctional options grants. 3762b. Allocation of funds; administrative provisions. SUBPART 3 - GENERAL REQUIREMENTS 3763. Application requirements. 3764. Period of award. SUBPART 4 - GRANTS TO PRIVATE ENTITIES 3765. Crime prevention campaign grant. PART C - ADMINISTRATIVE PROVISIONS 3766. Evaluation. 3766a. General provisions. 3766b. Reports. SUBCHAPTER VI - CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT PROGRAM 3769 to 3769d. Repealed. SUBCHAPTER VII - FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE PERSONNEL 3771. Training and manpower development. SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS 3781. Repealed. 3782. Rules, regulations, and procedures; consultations and establishment. 3783. Notice and hearing on denial or termination of grant. 3784. Finality of determinations. 3785. Repealed. 3786. Delegation of functions. 3787. Subpoena power; employment of hearing officers; authority to hold hearings. 3788. Personnel and administrative authority. 3789. Title to personal property. 3789a to 3789c. Repealed. 3789d. Prohibition of Federal control over State and local criminal justice agencies; prohibition of discrimination. 3789e. Report to President and Congress. 3789f. Other administrative provisions. 3789g. Confidentiality of information. 3789h. Repealed. 3789i. Administration of juvenile delinquency programs. 3789j. Prohibition on land acquisition. 3789k. Prohibition on use of Central Intelligence Agency services. 3789l. Indian liability waiver. 3789m. District of Columbia matching fund source. 3789n. Limitation on civil justice matters. 3789o. Repealed. 3789p. Accountability and oversight. SUBCHAPTER IX - DEFINITIONS 3791. General provisions. SUBCHAPTER X - FUNDING 3793. Authorization of appropriations. 3793a, 3793b. Repealed. SUBCHAPTER XI - CRIMINAL PENALTIES 3795. Misuse of Federal assistance. 3795a. Falsification or concealment of facts. 3795b. Conspiracy to commit offense against United States. SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS PART A - DEATH BENEFITS 3796. Payment of death benefits. 3796a. Limitations on benefits. 3796a-1. National programs for families of public safety officers who have died in line of duty. 3796b. Definitions. 3796c. Administrative provisions. 3796c-1. Expedited payment for public safety officers involved in the prevention, investigation, rescue, or recovery efforts related to a terrorist attack. 3796c-2. Funds available for appeals and expenses of representation of hearing examiners. PART B - EDUCATIONAL ASSISTANCE TO DEPENDENTS OF CIVILIAN FEDERAL LAW ENFORCEMENT OFFICERS KILLED OR DISABLED IN LINE OF DUTY 3796d. Purposes. 3796d-1. Basic eligibility. 3796d-2. Applications; approval. 3796d-3. Regulations. 3796d-4. Discontinuation for unsatisfactory conduct or progress. 3796d-5. Special rule. 3796d-6. Definitions. 3796d-7. Authorization of appropriations. SUBCHAPTER XII-A - REGIONAL INFORMATION SHARING SYSTEMS 3796h. Regional information sharing systems grants. SUBCHAPTER XII-B - GRANTS FOR CLOSED-CIRCUIT TELEVISING OF TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE 3796aa. Function of Director. 3796aa-1. Description of grant program. 3796aa-2. Applications to receive grants. 3796aa-3. Review of applications. 3796aa-4. Repealed. 3796aa-5. Reports. 3796aa-6. Expenditure of grants; records. 3796aa-7. Repealed. 3796aa-8. Definitions. SUBCHAPTER XII-C - RURAL DRUG ENFORCEMENT 3796bb. Rural drug enforcement assistance. 3796bb-1. Other requirements. SUBCHAPTER XII-D - CRIMINAL CHILD SUPPORT ENFORCEMENT 3796cc. Grant authorization. 3796cc-1. State applications. 3796cc-2. Review of State applications. 3796cc-3. Local applications. 3796cc-4. Distribution of funds. 3796cc-5. Evaluation. 3796cc-6. "Local entity" defined. SUBCHAPTER XII-E - PUBLIC SAFETY AND COMMUNITY POLICING; "COPS ON THE BEAT" 3796dd. Authority to make public safety and community policing grants. 3796dd-1. Applications. 3796dd-2. Renewal of grants. 3796dd-3. Limitation on use of funds. 3796dd-4. Performance evaluation. 3796dd-5. Revocation or suspension of funding. 3796dd-6. Access to documents. 3796dd-7. General regulatory authority. 3796dd-8. Definitions. SUBCHAPTER XII-F - JUVENILE ACCOUNTABILITY BLOCK GRANTS 3796ee. Program authorized. 3796ee-1. Tribal grant program authorized. 3796ee-2. Grant eligibility. 3796ee-3. Allocation and distribution of funds. 3796ee-4. Guidelines. 3796ee-5. Payment requirements. 3796ee-6. Utilization of private sector. 3796ee-7. Administrative provisions. 3796ee-8. Assessment reports. 3796ee-9. Definitions. 3796ee-10. Authorization of appropriations. SUBCHAPTER XII-G - RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS 3796ff. Grant authorization. 3796ff-1. State applications. 3796ff-2. Review of State applications. 3796ff-3. Allocation and distribution of funds. 3796ff-4. Evaluation. SUBCHAPTER XII-H - GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN 3796gg. Purpose of program and grants. 3796gg-0. Establishment of Violence Against Women Office. 3796gg-0a. Director of Violence Against Women Office. 3796gg-0b. Duties and functions of Director of Violence Against Women Office. 3796gg-0c. Staff of Violence Against Women Office. 3796gg-0d. Authorization of appropriations. 3796gg-1. State grants. 3796gg-2. Definitions and grant conditions. 3796gg-3. General terms and conditions. 3796gg-4. Rape exam payments. 3796gg-5. Costs for criminal charges and protection orders. 3796gg-6. Legal assistance for victims. 3796gg-7. Education, training, and enhanced services to end violence against and abuse of women with disabilities. 3796gg-8. Polygraph testing prohibition. 3796gg-9. Repealed. 3796gg-10. Grants to Indian tribal governments. 3796gg-11. Tribal Deputy. SUBCHAPTER XII-I - GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF PROTECTION ORDERS 3796hh. Grants. 3796hh-1. Applications. 3796hh-2. Reports. 3796hh-3. Regulations or guidelines. 3796hh-4. Definitions and grant conditions. 3796hh-5. Repealed. SUBCHAPTER XII-J - MENTAL HEALTH COURTS 3796ii. Grant authority. 3796ii-1. Definitions. 3796ii-2. Administration. 3796ii-3. Applications. 3796ii-4. Federal share. 3796ii-5. Geographic distribution. 3796ii-6. Report. 3796ii-7. Technical assistance, training, and evaluation. SUBCHAPTER XII-K - FAMILY SUPPORT 3796jj. Duties. 3796jj-1. General authorization. 3796jj-2. Uses of funds. 3796jj-3. Applications. 3796jj-4. Award of grants; limitation. 3796jj-5. Discretionary research grants. 3796jj-6. Reports. 3796jj-7. Definitions. SUBCHAPTER XII-L - DNA IDENTIFICATION GRANTS 3796kk. Grant authorization. 3796kk-1. Applications. 3796kk-2. Application requirements. 3796kk-3. Administrative provisions. 3796kk-4. Restrictions on use of funds. 3796kk-5. Reports. 3796kk-6. Expenditure records. SUBCHAPTER XII-M - MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS 3796ll. Program authorized. 3796ll-1. Applications. 3796ll-2. Definitions. 3796ll-3. James Guelff and Chris McCurley Body Armor Act of 2002. SUBCHAPTER XIII - TRANSITION; EFFECTIVE DATE; REPEALER 3797. Continuation of rules, authorities, and proceedings. SUBCHAPTER XIV - MATCHING GRANT PROGRAM FOR SCHOOL SECURITY 3797a. Program authorized. 3797b. Applications. 3797c. Annual report to Congress. 3797d. Definitions. 3797e. Authorization of appropriations. SUBCHAPTER XV - PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS 3797j. Grant authorization. 3797k. Applications. 3797l. Allocation. 3797m. Use of grants. 3797n. Administrative provisions. 3797o. Reports. SUBCHAPTER XV-A - PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAM 3797q. Grant authority. 3797q-1. Use of grant funds. 3797q-2. Applications. 3797q-3. Federal share. 3797q-4. Geographic distribution. 3797q-5. Reports and evaluations. 3797q-6. Definitions. SUBCHAPTER XV-B - GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE TREATMENT 3797s. Grants authorized. 3797s-1. Use of grant funds. 3797s-2. Program requirements. 3797s-3. Applications. 3797s-4. Reports. 3797s-5. Authorization of appropriations. 3797s-6. Definitions. SUBCHAPTER XVI - DRUG COURTS 3797u. Grant authority. 3797u-1. Prohibition of participation by violent offenders. 3797u-2. Definition. 3797u-3. Administration. 3797u-4. Applications. 3797u-5. Federal share. 3797u-6. Distribution and allocation. 3797u-7. Report. 3797u-8. Technical assistance, training, and evaluation. SUBCHAPTER XVII - OFFENDER REENTRY AND COMMUNITY SAFETY 3797w. Adult and juvenile offender State and local reentry demonstration projects. 3797w-1. State reentry project evaluation. 3797w-2. State, tribal, and local reentry courts. SUBCHAPTER XVIII - CRIME FREE RURAL STATE GRANTS 3797y. Grant authority. 3797y-1. Use of funds. 3797y-2. Statewide strategic prevention plan. 3797y-3. Requirements. 3797y-4. Authorization of appropriations. SUBCHAPTER XIX - ADULT AND JUVENILE COLLABORATION PROGRAM GRANTS 3797aa Adult and juvenile collaboration programs. SUBCHAPTER XX - CONFRONTING USE OF METHAMPHETAMINE 3797cc. Authority to make grants to address public safety and methamphetamine manufacturing, sale, and use in hot spots. 3797cc-1. Funding. 3797cc-2. Grants for programs for drug-endangered children. 3797cc-3. Authority to award competitive grants to address methamphetamine use by pregnant and parenting women offenders. SUBCHAPTER XX-A - LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS 3797cc-21. Grant authorization. SUBCHAPTER XX-B - GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVENILE FACILITIES 3797dd. Grant program to evaluate and improve educational methods at prisons, jails, and juvenile facilities. 3797dd-1. Authorization of appropriations. SUBCHAPTER XXI - SEX OFFENDER APPREHENSION GRANTS; JUVENILE SEX OFFENDER TREATMENT GRANTS 3797ee. Sex offender apprehension grants. 3797ee-1. Juvenile sex offender treatment grants. -COD- CODIFICATION Title I of the Omnibus Crime Control and Safe Streets Act of 1968, comprising this chapter, was originally enacted by Pub. L. 90- 351, June 19, 1968, 82 Stat. 197, and amended by Pub. L. 91-644, Jan. 2, 1971, 84 Stat. 1880; Pub. L. 93-83, Aug. 6, 1973, 87 Stat. 197; Pub. L. 93-415, Sept. 7, 1974, 88 Stat. 1109; Pub. L. 94-237, Mar. 19, 1976, 90 Stat. 241; Pub. L. 94-273, Apr. 21, 1976, 90 Stat. 375; Pub. L. 94-430, Sept. 29, 1976, 90 Stat. 1346; Pub. L. 94-503, Oct. 15, 1976, 90 Stat. 2407; Pub. L. 95-115, Oct. 3, 1977, 91 Stat. 1048. Such title is shown herein, however, as having been added by Pub. L. 96-157, Dec. 27, 1979, 93 Stat. 1167, without reference to such intervening amendments because of the extensive revision of the title's provisions by Pub. L. 96-157. -End- -CITE- 42 USC Sec. 3701 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT -HEAD- Sec. 3701. Repealed. -MISC1- Sec. 3701. Repealed. Pub. L. 98-473, title II, Sec. 602, Oct. 12, 1984, 98 Stat. 2077. Section, Pub. L. 90-351, title I, Sec. 100, as added Pub. L. 96- 157, Sec. 2, Dec. 27, 1979, 93 Stat. 1169, set out the Congressional findings, declaration of policy, and statement of purpose for this chapter. A prior section 3701, Pub. L. 90-351, title I, Sec. 100, June 19, 1968, 82 Stat. 197; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 197; Pub. L. 93-415, title V, Sec. 541, Sept. 7, 1974, 88 Stat. 1142; Pub. L. 94-503, title I, Sec. 101, Oct. 15, 1976, 90 Stat. 2407, set out the Congressional findings, declaration of policy, and statement of purpose in enacting this chapter, prior to the general amendment of this chapter by Pub. L. 96-157. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -End- -CITE- 42 USC Sec. 3702 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT -HEAD- Sec. 3702. State and local governments to consider courts -STATUTE- The Attorney General may require, as appropriate, that whenever a State or unit of local government or Indian tribe applies for a grant from the Department of Justice, the State, unit, or tribe demonstrate that, in developing the application and distributing funds, the State, unit, or tribe - (1) considered the needs of the judicial branch of the State, unit, or tribe, as the case may be; (2) consulted with the chief judicial officer of the highest court of the State, unit, or tribe, as the case may be; and (3) consulted with the chief law enforcement officer of the law enforcement agency responsible for the security needs of the judicial branch of the State, unit, or tribe, as the case may be. -SOURCE- (Pub. L. 110-177, title III, Sec. 302(c), Jan. 7, 2008, 121 Stat. 2539.) -COD- CODIFICATION Section was enacted as part of the Court Security Improvement Act of 2007, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. -End- -CITE- 42 USC SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -End- -CITE- 42 USC Sec. 3711 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3711. Establishment of Office of Justice Programs -STATUTE- There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this chapter as the "Office") shall be headed by an Assistant Attorney General (hereinafter in this chapter referred to as the "Assistant Attorney General") appointed by the President, by and with the advice and consent of the Senate. -SOURCE- (Pub. L. 90-351, title I, Sec. 101, as added Pub. L. 98-473, title II, Sec. 603(a), Oct. 12, 1984, 98 Stat. 2077.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 90-351, as added by Pub. L. 96- 157, Sec. 2, Dec. 27, 1979, 93 Stat. 1167, as amended, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. -MISC1- PRIOR PROVISIONS A prior section 3711, Pub. L. 90-351, title I, Sec. 101, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1170, established Law Enforcement Assistance Administration, prior to the general amendment of this subchapter by Pub. L. 98-473. Another prior section 3711, Pub. L. 90-351, title I, Sec. 101, June 19, 1968, 82 Stat. 198; Pub. L. 91-644, title I, Sec. 2, Jan. 2, 1971, 84 Stat. 1881; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 197; Pub. L. 94-503, title I, Secs. 102, 103, Oct. 15, 1976, 90 Stat. 2407, established Law Enforcement Assistance Administration and Office of Community Anti-Crime Programs, prior to the general amendment of this chapter by Pub. L. 96-157. EFFECTIVE DATE Section 609AA of Pub. L. 98-473 provided that: "(a) Except as provided in subsection (b), this division and the amendments made by this title [probably means division, see Short Title of 1984 Amendment note below] shall take effect on the date of the enactment of this joint resolution [Oct. 12, 1984] or October 1, 1984, whichever is later. "(b)(1) The amendment made by section 609F [amending sections 3796 to 3796c of this title] shall take effect on October 1, 1984, and shall not apply with respect to injuries sustained before October 1, 1984. "(2) Section 609Z [repealing section 204 of Pub. L. 98-411, which had amended sections 3796 to 3796b of this title and enacted provisions set out as a note under section 3796 of this title] shall take effect on October 1, 1984." SHORT TITLE OF 2008 AMENDMENT Pub. L. 110-421, Sec. 1, Oct. 15, 2008, 122 Stat. 4778, provided that: "This Act [amending section 3793 of this title] may be cited as the 'Bulletproof Vest Partnership Grant Act of 2008'." Pub. L. 110-416, Sec. 1(a), Oct. 14, 2008, 122 Stat. 4352, provided that: "This Act [amending section 3797aa of this title and enacting provisions set out as a note under section 3797aa of this title] may be cited as the 'Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008'." Pub. L. 110-345, Sec. 1, Oct. 7, 2008, 122 Stat. 3938, provided that: "This Act [amending section 3797cc-2 of this title] may be cited as the 'Drug Endangered Children Act of 2007'." Pub. L. 110-315, title IX, Sec. 951, Aug. 14, 2008, 122 Stat. 3470, provided that: "This part [part E (Secs. 951, 952) of title IX of Pub. L. 110-315, enacting subchapter XX-A of this chapter] may be cited as the 'John R. Justice Prosecutors and Defenders Incentive Act of 2008'." SHORT TITLE OF 2004 AMENDMENT Pub. L. 108-414, Sec. 1, Oct. 30, 2004, 118 Stat. 2327, provided that: "This Act [enacting subchapter XIX of this chapter and provisions set out as notes under section 3797aa of this title] may be cited as the 'Mentally Ill Offender Treatment and Crime Reduction Act of 2004'." SHORT TITLE OF 2003 AMENDMENT Pub. L. 108-182, Sec. 1, Dec. 15, 2003, 117 Stat. 2649, provided that: "This Act [amending section 3796 of this title] may be cited as the 'Hometown Heroes Survivors Benefits Act of 2003'." SHORT TITLE OF 2002 AMENDMENTS Pub. L. 107-273, div. A, title IV, Sec. 401, Nov. 2, 2002, 116 Stat. 1789, provided that: "This title [enacting sections 3796gg-0 to 3796gg-0d of this title, amending sections 3796gg-1 to 3796gg-5 of this title, and enacting provisions set out as a note under section 3796gg-0 of this title] may be cited as the 'Violence Against Women Office Act'." Pub. L. 107-273, div. B, title II, Sec. 2001, Nov. 2, 2002, 116 Stat. 1792, provided that: "This title [enacting subchapter XVI of this chapter and sections 3797w and 3797w-1 of this title, amending sections 285o-2, 3793, 3796ff, 3796ff-1, and 3797ff-3 of this title, sections 3565 and 3583 of Title 18, Crimes and Criminal Procedure, and section 823 of Title 21, Food and Drugs, and enacting provisions set out as notes under sections 3722 and 3797u of this title and section 3601 of Title 18] may be cited as the 'Drug Abuse Education, Prevention, and Treatment Act of 2002'." Pub. L. 107-273, div. C, title I, Sec. 11027(a), Nov. 2, 2002, 116 Stat. 1834, provided that: "This section [enacting subchapter XVIII of this chapter] may be cited as the 'Crime-Free Rural States Act of 2002'." Pub. L. 107-273, div. C, title II, Sec. 12101, Nov. 2, 2002, 116 Stat. 1859, provided that: "This subtitle [subtitle A (Secs. 12101, 12102) of title II of div. C of Pub. L. 107-273, enacting subchapter XII-F of this chapter and provisions set out as a note under section 3796ee of this title] may be cited as the 'Consequences for Juvenile Offenders Act of 2002'." Pub. L. 107-196, Sec. 1, June 24, 2002, 116 Stat. 719, provided that: "This Act [amending sections 3796 and 3796b of this title and enacting provisions set out as a note under section 3796 of this title] may be cited as the 'Mychal Judge Police and Fire Chaplains Public Safety Officers' Benefit Act of 2002'." SHORT TITLE OF 2000 AMENDMENTS Pub. L. 106-572, Sec. 1, Dec. 28, 2000, 114 Stat. 3058, provided that: "This Act [enacting section 3713 of this title] may be cited as the 'Computer Crime Enforcement Act'." Pub. L. 106-561, Sec. 1, Dec. 21, 2000, 114 Stat. 2787, provided that: "This Act [enacting subchapter XV of this chapter, amending sections 3751, 3753, 3793, and 14601 of this title and section 983 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as notes under section 14135 of this title and section 983 of Title 18] may be cited as the 'Paul Coverdell National Forensic Sciences Improvement Act of 2000'." Pub. L. 106-517, Sec. 1, Nov. 13, 2000, 114 Stat. 2407, provided that: "This Act [amending sections 3793 and 3796ll to 3796ll-2 of this title and enacting provisions set out as notes under sections 3796ll and 3796ll-2 of this title] may be cited as the 'Bulletproof Vest Partnership Grant Act of 2000'." Pub. L. 106-515, Sec. 1, Nov. 13, 2000, 114 Stat. 2399, provided that: "This Act [enacting subchapter XII-J of this chapter, amending section 3793 of this title, and enacting provisions set out as a note under section 3796ii of this title] may be cited as the 'America's Law Enforcement and Mental Health Project'." Pub. L. 106-177, title I, Sec. 101, Mar. 10, 2000, 114 Stat. 35, provided that: "This title [amending sections 3751, 10601, and 14601 of this title and enacting provisions set out as a note under section 10601 of this title] may be cited as the 'Child Abuse Prevention and Enforcement Act'." SHORT TITLE OF 1998 AMENDMENTS Pub. L. 105-390, Sec. 1, Nov. 13, 1998, 112 Stat. 3495, provided that: "This Act [amending sections 3796d, 3796d-1, 3796d-3, 3796d- 5, and 3796d-6 of this title] may be cited as the 'Police, Fire, and Emergency Officers Educational Assistance Act of 1998'." Pub. L. 105-181, Sec. 1, June 16, 1998, 112 Stat. 512, provided that: "This Act [enacting subchapter XII-M of this chapter, amending sections 3793 and 3797 of this title, and enacting provisions set out as a note under section 3796ll of this title] may be cited as the 'Bulletproof Vest Partnership Grant Act of 1998'." Pub. L. 105-180, Sec. 1, June 16, 1998, 112 Stat. 511, provided that: "This Act [amending sections 3796a-1 and 3796c of this title] may be cited as the 'Care for Police Survivors Act of 1998'." SHORT TITLE OF 1996 AMENDMENT Pub. L. 104-238, Sec. 1, Oct. 3, 1996, 110 Stat. 3114, provided that: "This Act [enacting part B of subchapter XII of this chapter] may be cited as the 'Federal Law Enforcement Dependents Assistance Act of 1996'." SHORT TITLE OF 1994 AMENDMENT Pub. L. 103-322, title I, Sec. 10001, Sept. 13, 1994, 108 Stat. 1807, provided that: "This title [enacting subchapter XII-E of this chapter, amending sections 3793 and 3797 of this title, and enacting provisions set out as a note under section 3796dd of this title] may be cited as the 'Public Safety Partnership and Community Policing Act of 1994'." Pub. L. 103-322, title XXXII, Sec. 320701, Sept. 13, 1994, 108 Stat. 2121, provided that: "This subtitle [subtitle G (Secs. 320701, 320702) of title XXXII of Pub. L. 103-322, amending section 3760 of this title and enacting provisions set out as a note under section 3760 of this title] may be cited as the 'Safer Streets and Neighborhoods Act of 1994'." SHORT TITLE OF 1986 AMENDMENT Pub. L. 99-570, title I, Sec. 1551, Oct. 27, 1986, 100 Stat. 3207- 41, provided that: "This subtitle [subtitle K (Secs. 1551, 1552) of title I of Pub. L. 99-570, enacting subchapter XII-A of this chapter and amending sections 3741, 3782, 3783, 3789, 3793, and 3797 of this title] may be cited as the 'State and Local Law Enforcement Assistance Act of 1986'." SHORT TITLE OF 1984 AMENDMENT Section 601 of Pub. L. 98-473 provided that: "This division [division I (Secs. 601-609AA) of chapter VI of title II of Pub. L. 98-473, enacting chapter 111, this section, and sections 3712, 3741 to 3748, 3769 to 3769d, 3771, 3786 to 3789 of this title, amending sections 3721, 3722, 3731, 3732, 3761 to 3766, 3782 to 3785, 3789d to 3789g, 3789i, 3789l, 3791, 3793, 3795, 3795b, 3796 to 3796c, and 3797 of this title, sections 5314 and 5315 of Title 5, Government Organization and Employees, and section 1761 of Title 18, Crimes and Criminal Procedure, omitting sections 3713 and 3772 to 3775 of this title, repealing sections 3701, 3724, 3734, 3751 to 3755, 3781, 3786 to 3789c, 3789h, 3789o, 3793b, and 3796 to 3796b of this title, enacting provisions set out as notes under this section and section 1028 of Title 18, and amending provisions set out as a note under section 1761 of Title 18] may be cited as the 'Justice Assistance Act of 1984'." SHORT TITLE OF 1979 AMENDMENT Section 1 of Pub. L. 96-157 provided: "That this Act [enacting this chapter, amending sections 5314 and 5315 of Title 5, Government Organization and Employees, section 1761 of Title 18, Crimes and Criminal Procedure, and section 35 of Title 41, Public Contracts, and enacting provisions set out as a note under section 1761 of Title 18] may be cited as the 'Justice System Improvement Act of 1979'." SHORT TITLE OF 1976 AMENDMENTS Pub. L. 94-503, Sec. 1, Oct. 15, 1976, 90 Stat. 2407, provided: "That this Act [enacting sections 3726 and 3739 of this title, amending this section, sections 3701, 3721, 3723, 3724, 3725, 3731, 3732, 3733, 3734, 3736, 3737, 3738, 3742, 3750b, 3750d, 3751, 3755, 3757, 3763, 3766, 3767, 3768, 3769, 3781, 5633, 5635, and 5671 of this title, and sections 5108, 5315, and 5316 of Title 5, Government Organization and Employees, repealing section 3760 of this title, and enacting provisions set out as notes under sections 501, 509, and 532 of Title 28, Judiciary and Judicial Procedure] may be cited as the 'Crime Control Act of 1976'." Pub. L. 94-430, Sec. 1, Sept. 29, 1976, 90 Stat. 1346, provided: "That this Act [enacting sections 3796 to 3796c of this title, amending section 3768 of this title, and enacting provisions set out as notes under section 3796 of this title] may be cited as the 'Public Safety Officers' Benefits Act of 1976'." SHORT TITLE OF 1973 AMENDMENT Pub. L. 93-83, Sec. 1, Aug. 6, 1973, 87 Stat. 197, provided: "That this Act [enacting sections 3738, 3770, and 3771 of this title, reenacting sections 3334(a), 3734, 3735, 3745, 3750, 3750a, 3751 to 3755, 3757 to 3759, 3761 to 3765, and 3792 of this title and section 5314(55) of Title 5, Government Organization and Employees, renumbering former section 3748 as 3747 and repealing former section 3747 of this title, and amending this section, sections 3701, 3721 to 3725, 3731 to 3733, 3736, 3737, 3741 to 3744, 3746, 3750b to 3750d, 3756, 3760, 3766 to 3769, 3781, 3791, 3793, and 3795 of this title, sections 5108(c)(10), 5315(90), and 5316(133) of Title 5, and section 484(n) of former Title 40, Public Buildings, Property, and Works] may be cited as the 'Crime Control Act of 1973'." SHORT TITLE OF 1970 AMENDMENT Pub. L. 91-644, Sec. 1, Jan. 2, 1971, 84 Stat. 1880, provided: "That this Act [enacting sections 3747, 3748, 3750 to 3750d, 3791 to 3793, and 3795 of this title and sections 351 and 1752 of Title 18, Crimes and Criminal Procedure, amending this section, sections 3723, 3724, 3731, 3733, 3735, 3736, 3746, 3756, 3763 to 3765, 3767 to 3769, and 3781 of this title, sections 5108 and 5313 to 5316 of Title 5, Government Organization and Employees, and sections 924, 3056, and 3731 of Title 18, enacting provisions set out as notes under section 3731 of Title 18, amending provisions set out as notes under section 2510 of Title 18, and repealing provisions set out as notes under section 2510 of Title 18] may be cited as the 'Omnibus Crime Control Act of 1970'." SHORT TITLE Section 1 of Pub. L. 90-351, June 19, 1968, 82 Stat. 197, provided: "That this Act [enacting this chapter, sections 5315(90), 5316(126), and 7313 of Title 5, Government Organization and Employees, sections 921 to 928 (chapter 44), 2510 to 2520 (chapter 119), 3103a, 3501, and 3502 of Title 18, Crimes and Criminal Procedure, and Appendix to Title 18, amending section 3334(a) of this title, section 3731 of Title 18, and section 605 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, repealing sections 901 to 910 of Title 15, Commerce and Trade, enacting provisions set out as notes under sections 7313 of Title 5, sections 921 and 2510 of Title 18, and section 532 of Title 28, Judiciary and Judicial Procedure, and repealing provisions set out as a note preceding section 3001 of Title 18] may be cited as the 'Omnibus Crime Control and Safe Streets Act of 1968'." SEPARABILITY Section 1601 of Pub. L. 90-351, title XI, June 19, 1968, 82 Stat. 239, provided that: "If the provisions of any part of this Act [see Short Title note above] or any amendments made thereby or the application thereof to any person or circumstances be held invalid, the provisions of the other parts and their application to other persons or circumstances shall not be affected thereby." [Another section 1601 of Pub. L. 90-351 is classified to section 3796cc of this title.] REFERENCES IN OTHER LAWS Section 609I of Pub. L. 98-473 provided that: "(a) Any reference to the Law Enforcement Assistance Administration, or to the Administrator of the Law Enforcement Assistance Administration, in any law other than this Act [see Short Title of 1984 Amendment note set out above] and the Omnibus Crime Control and Safe Streets Act of 1968 [see Short Title note set out above], applicable to activities, functions, powers, and duties that after the date of the enactment of this Act [Oct. 12, 1984] are carried out by the Bureau of Justice Assistance shall be deemed to be a reference to the Bureau of Justice Assistance, or to the Director of the Bureau of Justice Assistance, as the case may be. "(b) Any reference to the Office of Justice Assistance, Research, and Statistics, or to the Director of the Office of Justice Assistance, Research, and Statistics, in any law other than this Act and the Omnibus Crime Control and Safe Streets Act of 1968, applicable to activities, functions, powers, and duties that after the date of the enactment of this Act are carried out by the Office of Justice Programs, the Bureau of Justice Assistance, the Bureau of Justice Statistics, the National Institute of Justice, or the Office of Juvenile Justice [and] Delinquency Prevention shall be deemed to be a reference to the Office of Justice Programs, the Bureau of Justice Assistance, the Bureau of Justice Statistics, National Institute of Justice, or Office of Juvenile Justice [and] Delinquency Prevention, or to the Director of the Office of Justice Programs, the Director of the Bureau of Justice Assistance, the Director of the Bureau of Justice Statistics, the Director of the National Institute of Justice, or the Administrator of the Office of Juvenile Justice and Delinquency Prevention, as the case may be." -End- -CITE- 42 USC Sec. 3712 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3712. Duties and functions of Assistant Attorney General -STATUTE- (a) Specific, general and delegated powers The Assistant Attorney General shall - (1) publish and disseminate information on the conditions and progress of the criminal justice systems; (2) maintain liaison with the executive and judicial branches of the Federal and State governments in matters relating to criminal justice; (3) provide information to the President, the Congress, the judiciary, State and local governments, and the general public relating to criminal justice; (4) maintain liaison with public and private educational and research institutions, State and local governments, and governments of other nations relating to criminal justice; (5) coordinate and provide staff support to coordinate the activities of the Office and the Bureau of Justice Assistance, the National Institute of Justice, the Bureau of Justice Statistics, the Office for Victims of Crime, and the Office of Juvenile Justice and Delinquency Prevention; and (6) exercise such other powers and functions as may be vested in the Assistant Attorney General pursuant to this chapter or by delegation of the Attorney General, including placing special conditions on all grants, and determining priority purposes for formula grants. (b) Annual report to President and Congress The Assistant Attorney General shall submit an annual report to the President and to the Congress not later than March 31 of each year. -SOURCE- (Pub. L. 90-351, title I, Sec. 102, as added Pub. L. 98-473, title II, Sec. 603(a), Oct. 12, 1984, 98 Stat. 2078; amended Pub. L. 107- 296, title II, Sec. 236, Nov. 25, 2002, 116 Stat. 2162; Pub. L. 109-162, title XI, Sec. 1152, Jan. 5, 2006, 119 Stat. 3113.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsec. (a)(6), was in the original "this title", meaning title I of Pub. L. 90-351, as added by Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1167, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. -MISC1- PRIOR PROVISIONS A prior section 3712, Pub. L. 90-351, title I, Sec. 102, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1170, described duties and functions of Administrator of Law Enforcement Assistance Administration, prior to the general amendment of this subchapter by Pub. L. 98-473. AMENDMENTS 2006 - Subsec. (a)(5). Pub. L. 109-162, Sec. 1152(a), inserted "the Office for Victims of Crime," after "the Bureau of Justice Statistics,". Subsec. (a)(6). Pub. L. 109-162, Sec. 1152(b), inserted ", including placing special conditions on all grants, and determining priority purposes for formula grants" before period at end. 2002 - Subsec. (a)(5). Pub. L. 107-296 inserted "coordinate and" before "provide". EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of Title 6, Domestic Security. EFFECTIVE DATE Section effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as a note under section 3711 of this title. -End- -CITE- 42 USC Sec. 3712a 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3712a. Office of Weed and Seed Strategies -STATUTE- (a) Establishment There is established within the Office an Office of Weed and Seed Strategies, headed by a Director appointed by the Attorney General. (b) Assistance The Director may assist States, units of local government, and neighborhood and community-based organizations in developing Weed and Seed strategies, as provided in section 3712b of this title. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $60,000,000 for fiscal year 2006, and such sums as may be necessary for each of fiscal years 2007, 2008, and 2009, to remain available until expended. -SOURCE- (Pub. L. 90-351, title I, Sec. 103, as added Pub. L. 109-162, title XI, Sec. 1121(a), Jan. 5, 2006, 119 Stat. 3104.) -MISC1- EFFECTIVE DATE Pub. L. 109-162, title XI, Sec. 1121(c), Jan. 5, 2006, 119 Stat. 3107, as amended by Pub. L. 109-271, Sec. 8(n)(1), Aug. 12, 2006, 120 Stat. 767, provided that: "This section [enacting this section and sections 3712b and 3712c of this title and provisions set out as a note below] and the amendments made by this section take effect with respect to appropriations for fiscal year 2007 and for each fiscal year thereafter." ABOLISHMENT OF EXECUTIVE OFFICE OF WEED AND SEED; TRANSFERS OF FUNCTIONS Pub. L. 109-162, title XI, Sec. 1121(b), Jan. 5, 2006, 119 Stat. 3107, provided that: "(1) Abolishment. - The Executive Office of Weed and Seed is abolished. "(2) Transfer. - There are hereby transferred to the Office of Weed and Seed Strategies all functions and activities performed immediately before the date of the enactment of this Act [Jan. 5, 2006] by the Executive Office of Weed and Seed Strategies." -End- -CITE- 42 USC Sec. 3712b 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3712b. Weed and Seed strategies -STATUTE- (a) In general From amounts made available under section 3712a(c) of this title, the Director of the Office of Weed and Seed Strategies may implement strategies, to be known as Weed and Seed strategies, to prevent, control, and reduce violent crime, criminal drug-related activity, and gang activity in designated Weed-and-Seed communities. Each such strategy shall involve both of the following activities: (1) Weeding Activities, to be known as Weeding activities, which shall include promoting and coordinating a broad spectrum of community efforts (especially those of law enforcement agencies and prosecutors) to arrest, and to sanction or incarcerate, persons in that community who participate or engage in violent crime, criminal drug-related activity, and other crimes that threaten the quality of life in that community. (2) Seeding Activities, to be known as Seeding activities, which shall include promoting and coordinating a broad spectrum of community efforts (such as drug abuse education, mentoring, and employment counseling) to provide - (A) human services, relating to prevention, intervention, or treatment, for at-risk individuals and families; and (B) community revitalization efforts, including enforcement of building codes and development of the economy. (b) Guidelines The Director shall issue guidelines for the development and implementation of Weed and Seed strategies under this section. The guidelines shall ensure that the Weed and Seed strategy for a community referred to in subsection (a) of this section shall - (1) be planned and implemented through and under the auspices of a steering committee, properly established in the community, comprised of - (A) in a voting capacity, representatives of - (i) appropriate law enforcement agencies; and (ii) other public and private agencies, and neighborhood and community-based organizations, interested in criminal justice and community-based development and revitalization in the community; and (B) in a voting capacity, both - (i) the Drug Enforcement Administration's special agent in charge for the jurisdiction encompassing the community; and (ii) the United States Attorney for the District encompassing the community; (2) describe how law enforcement agencies, other public and private agencies, neighborhood and community-based organizations, and interested citizens are to cooperate in implementing the strategy; and (3) incorporate a community-policing component that shall serve as a bridge between the Weeding activities under subsection (a)(1) of this section and the Seeding activities under subsection (a)(2) of this section. (c) Designation For a community to be designated as a Weed-and-Seed community for purposes of subsection (a) of this section - (1) the United States Attorney for the District encompassing the community must certify to the Director that - (A) the community suffers from consistently high levels of crime or otherwise is appropriate for such designation; (B) the Weed and Seed strategy proposed, adopted, or implemented by the steering committee has a high probability of improving the criminal justice system within the community and contains all the elements required by the Director; and (C) the steering committee is capable of implementing the strategy appropriately; and (2) the community must agree to formulate a timely and effective plan to independently sustain the strategy (or, at a minimum, a majority of the best practices of the strategy) when assistance under this section is no longer available. (d) Application An application for designation as a Weed-and-Seed community for purposes of subsection (a) of this section shall be submitted to the Director by the steering committee of the community in such form, and containing such information and assurances, as the Director may require. The application shall propose - (1) a sustainable Weed and Seed strategy that includes - (A) the active involvement of the United States Attorney for the District encompassing the community, the Drug Enforcement Administration's special agent in charge for the jurisdiction encompassing the community, and other Federal law enforcement agencies operating in the vicinity; (B) a significant community-oriented policing component; and (C) demonstrated coordination with complementary neighborhood and community-based programs and initiatives; and (2) a methodology with outcome measures and specific objective indicia of performance to be used to evaluate the effectiveness of the strategy. (e) Grants (1) In general In implementing a strategy for a community under subsection (a) of this section, the Director may make grants to that community. (2) Uses For each grant under this subsection, the community receiving that grant may not use any of the grant amounts for construction, except that the Assistant Attorney General may authorize use of grant amounts for incidental or minor construction, renovation, or remodeling. (3) Limitations A community may not receive grants under this subsection (or fall within such a community) - (A) for a period of more than 10 fiscal years; (B) for more than 5 separate fiscal years, except that the Assistant Attorney General may, in single increments and only upon a showing of extraordinary circumstances, authorize grants for not more than 3 additional separate fiscal years; or (C) in an aggregate amount of more than $1,000,000, except that the Assistant Attorney General may, upon a showing of extraordinary circumstances, authorize grants for not more than an additional $500,000. (4) Distribution In making grants under this subsection, the Director shall ensure that - (A) to the extent practicable, the distribution of such grants is geographically equitable and includes both urban and rural areas of varying population and area; and (B) priority is given to communities that clearly and effectively coordinate crime prevention programs with other Federal programs in a manner that addresses the overall needs of such communities. (5) Federal share (A) Subject to subparagraph (B), the Federal share of a grant under this subsection may not exceed 75 percent of the total costs of the projects described in the application for which the grant was made. (B) The requirement of subparagraph (A) - (i) may be satisfied in cash or in kind; and (ii) may be waived by the Assistant Attorney General upon a determination that the financial circumstances affecting the applicant warrant a finding that such a waiver is equitable. (6) Supplement, not supplant To receive a grant under this subsection, the applicant must provide assurances that the amounts received under the grant shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for programs or services provided in the community. -SOURCE- (Pub. L. 90-351, title I, Sec. 104, as added Pub. L. 109-162, title XI, Sec. 1121(a), Jan. 5, 2006, 119 Stat. 3104.) -MISC1- EFFECTIVE DATE Section effective with respect to appropriations for fiscal year 2007 and for each fiscal year thereafter, see section 1121(c) of Pub. L. 109-162, set out as a note under section 3712a of this title. -End- -CITE- 42 USC Sec. 3712c 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3712c. Inclusion of Indian tribes -STATUTE- For purposes of sections 3712a and 3712b of this title, the term "State" includes an Indian tribal government. -SOURCE- (Pub. L. 90-351, title I, Sec. 105, as added Pub. L. 109-162, title XI, Sec. 1121(a), Jan. 5, 2006, 119 Stat. 3107.) -COD- CODIFICATION Another section 105 of Pub. L. 90-351 was renumbered section 109 and is classified to section 3712h of this title. -MISC1- EFFECTIVE DATE Section effective with respect to appropriations for fiscal year 2007 and for each fiscal year thereafter, see section 1121(c) of Pub. L. 109-162, set out as a note under section 3712a of this title. -End- -CITE- 42 USC Sec. 3712d 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3712d. Transferred -COD- CODIFICATION Section, Pub. L. 90-351, title I, Sec. 105, as added Pub. L. 109- 162, title XI, Sec. 1158(a), Jan. 5, 2006, 119 Stat. 3114, which related to Office of Audit, Assessment, and Management, was renumbered section 109 of Pub. L. 90-351 by Pub. L. 109-271, Sec. 8(e), Aug. 12, 2006, 120 Stat. 766, and transferred to section 3712h of this title. -End- -CITE- 42 USC Sec. 3712e 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3712e. Community Capacity Development Office -STATUTE- (a) Establishment (1) In general There is established within the Office a Community Capacity Development Office, headed by a Director appointed by the Attorney General. In carrying out the functions of the Office, the Director shall be subject to the authority, direction, and control of the Attorney General. Such authority, direction, and control may be delegated only to the Assistant Attorney General, without redelegation. (2) Purpose The purpose of the Office shall be to provide training to actual and prospective participants under programs covered by section 3712a(b) (!1) of this title to assist such participants in understanding the substantive and procedural requirements for participating in such programs. (3) Exclusivity The Office shall be the exclusive element of the Department of Justice performing functions and activities for the purpose specified in paragraph (2). There are hereby transferred to the Office all functions and activities for such purpose performed immediately before January 5, 2006, by any other element of the Department. This does not preclude a grant-making office from providing specialized training and technical assistance in its area of expertise. (b) Means The Director shall, in coordination with the heads of the other elements of the Department, carry out the purpose of the Office through the following means: (1) Promoting coordination of public and private efforts and resources within or available to States, units of local government, and neighborhood and community-based organizations. (2) Providing information, training, and technical assistance. (3) Providing support for inter- and intra-agency task forces and other agreements and for assessment of the effectiveness of programs, projects, approaches, or practices. (4) Providing in the assessment of the effectiveness of neighborhood and community-based law enforcement and crime prevention strategies and techniques, in coordination with the National Institute of Justice. (5) Any other similar means. (c) Locations Training referred to in subsection (a) of this section shall be provided on a regional basis to groups of such participants. In a case in which remedial training is appropriate, as recommended by the Director or the head of any element of the Department, such training may be provided on a local basis to a single such participant. (d) Best practices The Director shall - (1) identify grants under which clearly beneficial outcomes were obtained, and the characteristics of those grants that were responsible for obtaining those outcomes; and (2) incorporate those characteristics into the training provided under this section. (e) Availability of funds not (!2) to exceed 3 percent of all funding made available for a fiscal year for the programs covered by section 3712a(b) (!1) of this title shall be reserved for the Community Capacity Development Office for the activities authorized by this section. -SOURCE- (Pub. L. 90-351, title I, Sec. 106, as added Pub. L. 109-162, title XI, Sec. 1159(a), Jan. 5, 2006, 119 Stat. 3116; amended Pub. L. 109- 271, Sec. 8(f), Aug. 12, 2006, 120 Stat. 766.) -REFTEXT- REFERENCES IN TEXT Section 3712a(b) of this title, referred to in subsecs. (a)(2) and (e), probably should be a reference to section 3712h(b) of this title because section 3712a(b) relates to Director assistance and section 3712h(b) specifically sets out covered programs. January 5, 2006, referred to in subsec. (a)(3), was in the original "the date of the enactment of this Act" and was translated as meaning the date of enactment of Pub. L. 109-162, which enacted this section, to reflect the probable intent of Congress. -MISC1- AMENDMENTS 2006 - Subsecs. (a)(2), (e). Pub. L. 109-217 substituted "section 3712a(b)" for "section 3712d(b)". EFFECTIVE DATE Pub. L. 109-162, title XI, Sec. 1159(b), Jan. 5, 2006, 119 Stat. 3117, provided that: "This section [enacting this section] and the amendment made by this section take effect 90 days after the date of the enactment of this Act [Jan. 5, 2006]." -FOOTNOTE- (!1) See References in Text Note below. (!2) So in original. Probably should be capitalized. -End- -CITE- 42 USC Sec. 3712f 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3712f. Division of Applied Law Enforcement Technology -STATUTE- (a) Establishment There is established within the Office of Science and Technology, the Division of Applied Law Enforcement Technology, headed by an individual appointed by the Attorney General. The purpose of the Division shall be to provide leadership and focus to those grants of the Department of Justice that are made for the purpose of using or improving law enforcement computer systems. (b) Duties In carrying out the purpose of the Division, the head of the Division shall - (1) establish clear minimum standards for computer systems that can be purchased using amounts awarded under such grants; and (2) ensure that recipients of such grants use such systems to participate in crime reporting programs administered by the Department, such as Uniform Crime Reports or the National Incident-Based Reporting System. -SOURCE- (Pub. L. 90-351, title I, Sec. 107, as added Pub. L. 109-162, title XI, Sec. 1160(a), Jan. 5, 2006, 119 Stat. 3117.) -MISC1- EFFECTIVE DATE Pub. L. 109-162, title XI, Sec. 1160(b), Jan. 5, 2006, 119 Stat. 3117, as amended by Pub. L. 109-271, Sec. 8(n)(4)(A), Aug. 12, 2006, 120 Stat. 768, provided that: "This section [enacting this section] and the amendment made by this section take effect on October 1, 2006." -End- -CITE- 42 USC Sec. 3712g 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3712g. Availability of funds -STATUTE- (a) Period for awarding grant funds (1) In general Unless otherwise specifically provided in an authorization, DOJ grant funds for a fiscal year shall remain available to be awarded and distributed to a grantee only in that fiscal year and the three succeeding fiscal years, subject to paragraphs (2) and (3). DOJ grant funds not so awarded and distributed shall revert to the Treasury. (2) Treatment of reprogrammed funds DOJ grant funds for a fiscal year that are reprogrammed in a later fiscal year shall be treated for purposes of paragraph (1) as DOJ grant funds for such later fiscal year. (3) Treatment of deobligated funds If DOJ grant funds were obligated and then deobligated, the period of availability that applies to those grant funds under paragraph (1) shall be extended by a number of days equal to the number of days from the date on which those grant funds were obligated to the date on which those grant funds were deobligated. (b) Period for expending grant funds DOJ grant funds for a fiscal year that have been awarded and distributed to a grantee may be expended by that grantee only in the period permitted under the terms of the grant. DOJ grant funds not so expended shall be deobligated. (c) Definition In this section, the term "DOJ grant funds" means, for a fiscal year, amounts appropriated for activities of the Department of Justice in carrying out grant programs for that fiscal year. (d) Applicability This section applies to DOJ grant funds for fiscal years beginning with fiscal year 2006. -SOURCE- (Pub. L. 90-351, title I, Sec. 108, as added Pub. L. 109-162, title XI, Sec. 1161(a), Jan. 5, 2006, 119 Stat. 3118; amended Pub. L. 109- 271, Sec. 8(g), Aug. 12, 2006, 120 Stat. 767.) -MISC1- AMENDMENTS 2006 - Subsec. (b). Pub. L. 109-271 substituted "be deobligated" for "revert to the Treasury". EFFECTIVE DATE Pub. L. 109-162, title XI, Sec. 1161(b), Jan. 5, 2006, 119 Stat. 3118, as amended by Pub. L. 109-271, Sec. 8(n)(4)(B), Aug. 12, 2006, 120 Stat. 768, provided that: "This section [enacting this section] and the amendment made by this section take effect on October 1, 2006." -End- -CITE- 42 USC Sec. 3712h 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3712h. Office of Audit, Assessment, and Management -STATUTE- (a) Establishment (1) In general There is established within the Office an Office of Audit, Assessment, and Management, headed by a Director appointed by the Attorney General. In carrying out the functions of the Office, the Director shall be subject to the authority, direction, and control of the Attorney General. Such authority, direction, and control may be delegated only to the Assistant Attorney General, without redelegation. (2) Purpose The purpose of the Office shall be to carry out and coordinate program assessments of, take actions to ensure compliance with the terms of, and manage information with respect to, grants under programs covered by subsection (b). The Director shall take special conditions of the grant into account and consult with the office that issued those conditions to ensure appropriate compliance. (3) Exclusivity The Office shall be the exclusive element of the Department of Justice, other than the Inspector General, performing functions and activities for the purpose specified in paragraph (2). There are hereby transferred to the Office all functions and activities, other than functions and activities of the Inspector General, for such purpose performed immediately before January 5, 2006, by any other element of the Department. (b) Covered programs The programs referred to in subsection (a) are the following: (1) The program under subchapter XII-E of this chapter. (2) Any grant program carried out by the Office of Justice Programs. (3) Any other grant program carried out by the Department of Justice that the Attorney General considers appropriate. (c) Program assessments required (1) In general The Director shall select grants awarded under the programs covered by subsection (b) and carry out program assessments on such grants. In selecting such grants, the Director shall ensure that the aggregate amount awarded under the grants so selected represent not less than 10 percent of the aggregate amount of money awarded under all such grant programs. (2) Relationship to NIJ evaluations This subsection does not affect the authority or duty of the Director of the National Institute of Justice to carry out overall evaluations of programs covered by subsection (b), except that such Director shall consult with the Director of the Office in carrying out such evaluations. (3) Timing of program assessments The program assessment required by paragraph (1) of a grant selected under paragraph (1) shall be carried out - (A) not later than the end of the grant period, if the grant period is not more than 1 year; and (B) at the end of each year of the grant period, if the grant period is more than 1 year. (d) Compliance actions required The Director shall take such actions to ensure compliance with the terms of a grant as the Director considers appropriate with respect to each grant that the Director determines (in consultation with the head of the element of the Department of Justice concerned), through a program assessment under subsection (a) or other means, is not in compliance with such terms. In the case of a misuse of more than 1 percent of the grant amount concerned, the Director shall, in addition to any other action to ensure compliance that the Director considers appropriate, ensure that the entity responsible for such misuse ceases to receive any funds under any program covered by subsection (b) until such entity repays to the Attorney General an amount equal to the amounts misused. The Director may, in unusual circumstances, grant relief from this requirement to ensure that an innocent party is not punished. (e) Grant management system The Director shall establish and maintain, in consultation with the chief information officer of the Office, a modern, automated system for managing all information relating to the grants made under the programs covered by subsection (b). (f) Availability of funds Not to exceed 3 percent of all funding made available for a fiscal year for the programs covered by subsection (b) shall be reserved for the Office of Audit, Assessment and Management for the activities authorized by this section. -SOURCE- (Pub. L. 90-351, title I, Sec. 109, formerly Sec. 105, as added Pub. L. 109-162, title XI, Sec. 1158(a), Jan. 5, 2006, 119 Stat. 3114; renumbered Sec. 109, Pub. L. 109-271, Sec. 8(e), Aug. 12, 2006, 120 Stat. 766.) -REFTEXT- REFERENCES IN TEXT January 5, 2006, referred to in subsec. (a)(3), was in the original "the date of the enactment of this Act" and was translated as meaning the date of enactment of Pub. L. 109-162, which enacted this section, to reflect the probable intent of Congress. -COD- CODIFICATION Section was formerly classified to section 3712d of this title prior to renumbering by Pub. L. 109-271. -MISC1- EFFECTIVE DATE Pub. L. 109-162, title XI, Sec. 1158(b), Jan. 5, 2006, 119 Stat. 3116, as amended by Pub. L. 109-271, Sec. 8(n)(3), Aug. 12, 2006, 120 Stat. 768, provided that: "(1) In general. - Except as provided in paragraph (2), section 109 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712d) [now 3712h] shall take effect on April 5, 2006. "(2) Certain provisions. - Subsections (c), (d), and (e) of section 109 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712d) [now 3712h] shall take effect on October 1, 2006." -End- -CITE- 42 USC Sec. 3713 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3713. State grant program for training and prosecution of computer crimes -STATUTE- (a) In general Subject to the availability of amounts provided in advance in appropriations Acts, the Office of Justice Programs shall make a grant to each State, which shall be used by the State, in conjunction with units of local government, State and local courts, other States, or combinations thereof in accordance with subsection (b) of this section. (b) Use of grant amounts Grants under this section may be used to establish and develop programs to - (1) assist State and local law enforcement agencies in enforcing State and local criminal laws relating to computer crime, including infringement of copyrighted works over the Internet; (2) assist State and local law enforcement agencies in educating the public to prevent and identify computer crime, including infringement of copyrighted works over the Internet; (3) educate and train State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions of computer crime, including infringement of copyrighted works over the Internet; (4) assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analysis of evidence of computer crimes; and (5) facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer crimes with State and local law enforcement officers and prosecutors, including the use of multijurisdictional task forces. (c) Assurances To be eligible to receive a grant under this section, a State shall provide assurances to the Attorney General that the State - (1) has in effect laws that penalize computer crime, such as criminal laws prohibiting - (A) fraudulent schemes executed by means of a computer system or network; (B) the unlawful damaging, destroying, altering, deleting, removing of computer software, or data contained in a computer, computer system, computer program, or computer network; or (C) the unlawful interference with the operation of or denial of access to a computer, computer program, computer system, or computer network; (2) an assessment of the State and local resource needs, including criminal justice resources being devoted to the investigation and enforcement of computer crime laws; and (3) a plan for coordinating the programs funded under this section with other federally funded technical assistant and training programs, including directly funded local programs such as the Local Law Enforcement Block Grant program (described under the heading "Violent Crime Reduction Programs, State and Local Law Enforcement Assistance" of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119)). (d) Matching funds The Federal share of a grant received under this section may not exceed 90 percent of the costs of a program or proposal funded under this section unless the Attorney General waives, wholly or in part, the requirements of this subsection. (e) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2009 through 2013. (2) Limitations Of the amount made available to carry out this section in any fiscal year not more than 3 percent may be used by the Attorney General for salaries and administrative expenses. (3) Minimum amount Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands each shall be allocated 0.25 percent. (f) Grants to Indian tribes Notwithstanding any other provision of this section, the Attorney General may use amounts made available under this section to make grants to Indian tribes for use in accordance with this section. -SOURCE- (Pub. L. 106-572, Sec. 2, Dec. 28, 2000, 114 Stat. 3058; Pub. L. 110-403, title IV, Sec. 401(a), Oct. 13, 2008, 122 Stat. 4271.) -REFTEXT- REFERENCES IN TEXT The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998, referred to in subsec. (c)(3), is Pub. L. 105-119, Nov. 26, 1997, 111 Stat. 2440. Provisions under the heading "Violent Crime Reduction Programs, State and Local Law Enforcement Assistance", 111 Stat. 2452, are not classified to the Code. -COD- CODIFICATION Section was enacted as part of the Computer Crime Enforcement Act, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. -MISC1- PRIOR PROVISIONS A prior section 3713, Pub. L. 90-351, title I, Sec. 103, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1170, provided for an Office of Community Anti-Crime Programs, prior to the general amendment of this subchapter by Pub. L. 98-473. AMENDMENTS 2008 - Subsec. (b)(1)-(3). Pub. L. 110-403, Sec. 401(a)(1), inserted ", including infringement of copyrighted works over the Internet" after "computer crime". Subsec. (e)(1). Pub. L. 110-403, Sec. 401(a)(2), substituted "2009 through 2013" for "2001 through 2004". -End- -CITE- 42 USC Sec. 3713a 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3713a. Local law enforcement grants -STATUTE- (a) Omitted (b) Grants The Office of Justice Programs of the Department of Justice may make grants to eligible State or local law enforcement entities, including law enforcement agencies of municipal governments and public educational institutions, for training, prevention, enforcement, and prosecution of intellectual property theft and infringement crimes (in this subsection referred to as "IP-TIC grants"), in accordance with the following: (1) Use of IP-TIC grant amounts IP-TIC grants may be used to establish and develop programs to do the following with respect to the enforcement of State and local true name and address laws and State and local criminal laws on anti-infringement, anti-counterfeiting, and unlawful acts with respect to goods by reason of their protection by a patent, trademark, service mark, trade secret, or other intellectual property right under State or Federal law: (A) Assist State and local law enforcement agencies in enforcing those laws, including by reimbursing State and local entities for expenses incurred in performing enforcement operations, such as overtime payments and storage fees for seized evidence. (B) Assist State and local law enforcement agencies in educating the public to prevent, deter, and identify violations of those laws. (C) Educate and train State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions in matters involving those laws. (D) Establish task forces that include personnel from State or local law enforcement entities, or both, exclusively to conduct investigations and forensic analyses of evidence and prosecutions in matters involving those laws. (E) Assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analyses of evidence in matters involving those laws. (F) Facilitate and promote the sharing, with State and local law enforcement officers and prosecutors, of the expertise and information of Federal law enforcement agencies about the investigation, analysis, and prosecution of matters involving those laws and criminal infringement of copyrighted works, including the use of multijurisdictional task forces. (2) Eligibility To be eligible to receive an IP-TIC grant, a State or local government entity shall provide to the Attorney General, in addition to the information regularly required to be provided under the Financial Guide issued by the Office of Justice Programs and any other information required of Department of Justice's grantees - (A) assurances that the State in which the government entity is located has in effect laws described in paragraph (1); (B) an assessment of the resource needs of the State or local government entity applying for the grant, including information on the need for reimbursements of base salaries and overtime costs, storage fees, and other expenditures to improve the investigation, prevention, or enforcement of laws described in paragraph (1); and (C) a plan for coordinating the programs funded under this section with other federally funded technical assistance and training programs, including directly funded local programs such as the Edward Byrne Memorial Justice Assistance Grant Program authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.). (3) Matching funds The Federal share of an IP-TIC grant may not exceed 50 percent of the costs of the program or proposal funded by the IP-TIC grant. (4) Authorization of appropriations (A) Authorization There is authorized to be appropriated to carry out this subsection the sum of $25,000,000 for each of fiscal years 2009 through 2013. (B) Limitation Of the amount made available to carry out this subsection in any fiscal year, not more than 3 percent may be used by the Attorney General for salaries and administrative expenses. -SOURCE- (Pub. L. 110-403, title IV, Sec. 401, Oct. 13, 2008, 122 Stat. 4271.) -REFTEXT- REFERENCES IN TEXT The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (b)(2)(C), is Pub. L. 90-351, June 19, 1968, 82 Stat. 197. Subpart 1 of part E of title I of the Act is classified generally to part A (Sec. 3750 et seq.) of subchapter V of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3711 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Prioritizing Resources and Organization for Intellectual Property Act of 2008, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. Section is comprised of section 401 of Pub. L. 110-403. Subsec. (a) of section 401 of Pub. L. 110-403 amended section 3713 of this title. -End- -CITE- 42 USC Sec. 3713b 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3713b. Improved investigative and forensic resources for enforcement of laws related to intellectual property crimes -STATUTE- (a) In general Subject to the availability of appropriations to carry out this subsection, the Attorney General, in consultation with the Director of the Federal Bureau of Investigation, shall, with respect to crimes related to the theft of intellectual property - (1) ensure that there are at least 10 additional operational agents of the Federal Bureau of Investigation designated to support the Computer Crime and Intellectual Property Section of the Criminal Division of the Department of Justice in the investigation and coordination of intellectual property crimes; (2) ensure that any Computer Hacking and Intellectual Property Crime Unit in the Department of Justice is supported by at least 1 agent of the Federal Bureau of Investigation (in addition to any agent supporting such unit as of October 13, 2008) to support such unit for the purpose of investigating or prosecuting intellectual property crimes; (3) ensure that all Computer Hacking and Intellectual Property Crime Units located at an office of a United States Attorney are assigned at least 2 Assistant United States Attorneys responsible for investigating and prosecuting computer hacking or intellectual property crimes; and (4) ensure the implementation of a regular and comprehensive training program - (A) the purpose of which is to train agents of the Federal Bureau of Investigation in the investigation and prosecution of such crimes and the enforcement of laws related to intellectual property crimes; and (B) that includes relevant forensic training related to investigating and prosecuting intellectual property crimes. (b) Organized crime plan Subject to the availability of appropriations to carry out this subsection, and not later than 180 days after October 13, 2008, the Attorney General, through the United States Attorneys' Offices, the Computer Crime and Intellectual Property section, and the Organized Crime and Racketeering section of the Department of Justice, and in consultation with the Federal Bureau of Investigation and other Federal law enforcement agencies, such as the Department of Homeland Security, shall create and implement a comprehensive, long- range plan to investigate and prosecute international organized crime syndicates engaging in or supporting crimes relating to the theft of intellectual property. (c) Authorization There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2009 through 2013. -SOURCE- (Pub. L. 110-403, title IV, Sec. 402, Oct. 13, 2008, 122 Stat. 4272.) -COD- CODIFICATION Section was enacted as part of the Prioritizing Resources and Organization for Intellectual Property Act of 2008, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. -End- -CITE- 42 USC Sec. 3713c 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3713c. Additional funding for resources to investigate and prosecute intellectual property crimes and other criminal activity involving computers -STATUTE- (a) Additional funding for resources (1) Authorization In addition to amounts otherwise authorized for resources to investigate and prosecute intellectual property crimes and other criminal activity involving computers, there are authorized to be appropriated for each of the fiscal years 2009 through 2013 - (A) $10,000,000 to the Director of the Federal Bureau of Investigation; and (B) $10,000,000 to the Attorney General for the Criminal Division of the Department of Justice. (2) Availability Any amounts appropriated under paragraph (1) shall remain available until expended. (b) Use of additional funding Funds made available under subsection (a) shall be used by the Director of the Federal Bureau of Investigation and the Attorney General, for the Federal Bureau of Investigation and the Criminal Division of the Department of Justice, respectively, to - (1) hire and train law enforcement officers to - (A) investigate intellectual property crimes and other crimes committed through the use of computers and other information technology, including through the use of the Internet; and (B) assist in the prosecution of such crimes; and (2) enable relevant units of the Department of Justice, including units responsible for investigating computer hacking or intellectual property crimes, to procure advanced tools of forensic science and expert computer forensic assistance, including from non-governmental entities, to investigate, prosecute, and study such crimes. -SOURCE- (Pub. L. 110-403, title IV, Sec. 403, Oct. 13, 2008, 122 Stat. 4273.) -COD- CODIFICATION Section was enacted as part of the Prioritizing Resources and Organization for Intellectual Property Act of 2008, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. -End- -CITE- 42 USC Sec. 3713d 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3713d. Annual reports -STATUTE- (a) Report of the Attorney General Not later than 1 year after October 13, 2008, and annually thereafter, the Attorney General shall submit a report to Congress on actions taken to carry out sections 3713a to 3713d of this title. The initial report required under this subsection shall be submitted by May 1, 2009. All subsequent annual reports shall be submitted by May 1st of each fiscal year thereafter. The report required under this subsection may be submitted as part of the annual performance report of the Department of Justice, and shall include the following: (1) With respect to grants issued under section 3713a of this title, the number and identity of State and local law enforcement grant applicants, the number of grants issued, the dollar value of each grant, including a break down of such value showing how the recipient used the funds, the specific purpose of each grant, and the reports from recipients of the grants on the efficacy of the program supported by the grant. The Department of Justice shall use the information provided by the grant recipients to produce a statement for each individual grant. Such statement shall state whether each grantee has accomplished the purposes of the grant as established in section 3713a(b) of this title. Those grantees not in compliance with the requirements of sections 3713a to 3713d of this title shall be subject, but not limited to, sanctions as described in the Financial Guide issued by the Office of Justice Programs at the Department of Justice. (2) With respect to the additional agents of the Federal Bureau of Investigation authorized under paragraphs (1) and (2) of section 3713b(a) of this title, the number of investigations and actions in which such agents were engaged, the type of each action, the resolution of each action, and any penalties imposed in each action. (3) With respect to the training program authorized under section 3713b(a)(4) of this title, the number of agents of the Federal Bureau of Investigation participating in such program, the elements of the training program, and the subject matters covered by the program. (4) With respect to the organized crime plan authorized under section 3713b(b) of this title, the number of organized crime investigations and prosecutions resulting from such plan. (5) With respect to the authorizations under section 3713c of this title - (A) the number of law enforcement officers hired and the number trained; (B) the number and type of investigations and prosecutions resulting from the hiring and training of such law enforcement officers; (C) the defendants involved in any such prosecutions; (D) any penalties imposed in each such successful prosecution; (E) the advanced tools of forensic science procured to investigate, prosecute, and study computer hacking or intellectual property crimes; and (F) the number and type of investigations and prosecutions in such tools were used. (6) Any other information that the Attorney General may consider relevant to inform Congress on the effective use of the resources authorized under sections 3713a, 3713b, and 3713c of this title. (7) A summary of the efforts, activities, and resources the Department of Justice has allocated to the enforcement, investigation, and prosecution of intellectual property crimes, including - (A) a review of the policies and efforts of the Department of Justice related to the prevention and investigation of intellectual property crimes, including efforts at the Office of Justice Programs, the Criminal Division of the Department of Justice, the Executive Office of United States Attorneys, the Office of the Attorney General, the Office of the Deputy Attorney General, the Office of Legal Policy, and any other agency or bureau of the Department of Justice whose activities relate to intellectual property; (B) a summary of the overall successes and failures of such policies and efforts; (C) a review of the investigative and prosecution activity of the Department of Justice with respect to intellectual property crimes, including - (i) the number of investigations initiated related to such crimes; (ii) the number of arrests related to such crimes; and (iii) the number of prosecutions for such crimes, including - (I) the number of defendants involved in such prosecutions; (II) whether the prosecution resulted in a conviction; and (III) the sentence and the statutory maximum for such crime, as well as the average sentence imposed for such crime; and (D) a Department-wide assessment of the staff, financial resources, and other resources (such as time, technology, and training) devoted to the enforcement, investigation, and prosecution of intellectual property crimes, including the number of investigators, prosecutors, and forensic specialists dedicated to investigating and prosecuting intellectual property crimes. (8) A summary of the efforts, activities, and resources that the Department of Justice has taken to - (A) minimize duplicating the efforts, materials, facilities, and procedures of any other Federal agency responsible for the enforcement, investigation, or prosecution of intellectual property crimes; and (B) enhance the efficiency and consistency with which Federal funds and resources are expended to enforce, investigate, or prosecute intellectual property crimes, including the extent to which the Department has utilized existing personnel, materials, technologies, and facilities. (b) Initial report of the Attorney General The first report required to be submitted by the Attorney General under subsection (a) shall include a summary of the efforts, activities, and resources the Department of Justice has allocated in the 5 years prior to October 13, 2008, as well as the 1-year period following such date, to the enforcement, investigation, and prosecution of intellectual property crimes, including - (1) a review of the policies and efforts of the Department of Justice related to the prevention and investigation of intellectual property crimes, including efforts at the Office of Justice Programs, the Criminal Division of the Department of Justice, the Executive Office of United States Attorneys, the Office of the Attorney General, the Office of the Deputy Attorney General, the Office of Legal Policy, and any other agency or bureau of the Department of Justice whose activities relate to intellectual property; (2) a summary of the overall successes and failures of such policies and efforts; (3) a review of the investigative and prosecution activity of the Department of Justice with respect to intellectual property crimes, including - (A) the number of investigations initiated related to such crimes; (B) the number of arrests related to such crimes; and (C) the number of prosecutions for such crimes, including - (i) the number of defendants involved in such prosecutions; (ii) whether the prosecution resulted in a conviction; and (iii) the sentence and the statutory maximum for such crime, as well as the average sentence imposed for such crime; and (4) a Department-wide assessment of the staff, financial resources, and other resources (such as time, technology, and training) devoted to the enforcement, investigation, and prosecution of intellectual property crimes, including the number of investigators, prosecutors, and forensic specialists dedicated to investigating and prosecuting intellectual property crimes. (c) Report of the FBI Not later than 1 year after October 13, 2008, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit a report to Congress on actions taken to carry out sections 3713a to 3713d of this title. The initial report required under this subsection shall be submitted by May 1, 2009. All subsequent annual reports shall be submitted by May 1st of each fiscal year thereafter. The report required under this subsection may be submitted as part of the annual performance report of the Department of Justice, and shall include - (1) a review of the policies and efforts of the Bureau related to the prevention and investigation of intellectual property crimes; (2) a summary of the overall successes and failures of such policies and efforts; (3) a review of the investigative and prosecution activity of the Bureau with respect to intellectual property crimes, including - (A) the number of investigations initiated related to such crimes; (B) the number of arrests related to such crimes; and (C) the number of prosecutions for such crimes, including - (i) the number of defendants involved in such prosecutions; (ii) whether the prosecution resulted in a conviction; and (iii) the sentence and the statutory maximum for such crime, as well as the average sentence imposed for such crime; and (4) a Bureau-wide assessment of the staff, financial resources, and other resources (such as time, technology, and training) devoted to the enforcement, investigation, and prosecution of intellectual property crimes, including the number of investigators, prosecutors, and forensic specialists dedicated to investigating and prosecuting intellectual property crimes. (d) Initial report of the FBI The first report required to be submitted by the Director of the Federal Bureau of Investigation under subsection (c) shall include a summary of the efforts, activities, and resources the Federal Bureau of Investigation has allocated in the 5 years prior to October 13, 2008, as well as the 1-year period following such date to the enforcement, investigation, and prosecution of intellectual property crimes, including - (1) a review of the policies and efforts of the Bureau related to the prevention and investigation of intellectual property crimes; (2) a summary of the overall successes and failures of such policies and efforts; (3) a review of the investigative and prosecution activity of the Bureau with respect to intellectual property crimes, including - (A) the number of investigations initiated related to such crimes; (B) the number of arrests related to such crimes; and (C) the number of prosecutions for such crimes, including - (i) the number of defendants involved in such prosecutions; (ii) whether the prosecution resulted in a conviction; and (iii) the sentence and the statutory maximum for such crime, as well as the average sentence imposed for such crime; and (4) a Bureau-wide assessment of the staff, financial resources, and other resources (such as time, technology, and training) devoted to the enforcement, investigation, and prosecution of intellectual property crimes, including the number of investigators, prosecutors, and forensic specialists dedicated to investigating and prosecuting intellectual property crimes. -SOURCE- (Pub. L. 110-403, title IV, Sec. 404, Oct. 13, 2008, 122 Stat. 4274.) -REFTEXT- REFERENCES IN TEXT Sections 3713a to 3713d of this title, referred to in subsecs. (a) and (c), was in the original "this title", meaning title IV of Pub. L. 110-403, Oct. 13, 2008, 122 Stat. 4271, which enacted sections 3713a to 3713d of this title and amended section 3713 of this title. For complete classification of title IV to the Code, see Tables. -COD- CODIFICATION Section was enacted as part of the Prioritizing Resources and Organization for Intellectual Property Act of 2008, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. -End- -CITE- 42 USC Sec. 3714 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3714. Grant program for State and local domestic preparedness support -STATUTE- (a) In general The Office for Domestic Preparedness of the Office of Justice Programs shall make a grant to each State, which shall be used by the State, in conjunction with units of local government, to enhance the capability of State and local jurisdictions to prepare for and respond to terrorist acts including events of terrorism involving weapons of mass destruction and biological, nuclear, radiological, incendiary, chemical, and explosive devices. (b) Use of grant amounts Grants under this section may be used to purchase needed equipment and to provide training and technical assistance to State and local first responders. In addition, grants under this section may be used to construct, develop, expand, modify, operate, or improve facilities to provide training or assistance to State and local first responders. (c) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section such sums as necessary for each of fiscal years 2002 through 2007. (2) Limitations Of the amount made available to carry out this section in any fiscal year not more than 3 percent may be used by the Attorney General for salaries and administrative expenses. (3) Minimum amount Each State shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, except that the United States Virgin Islands, America Samoa, Guam, and the Northern Mariana Islands each shall be allocated not less than 0.25 percent. -SOURCE- (Pub. L. 107-56, title X, Sec. 1014, Oct. 26, 2001, 115 Stat. 399; Pub. L. 107-273, div. C, title I, Sec. 11003, Nov. 2, 2002, 116 Stat. 1816.) -COD- CODIFICATION Section was enacted as part of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or USA PATRIOT Act, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. -MISC1- AMENDMENTS 2002 - Subsec. (a). Pub. L. 107-273, Sec. 11003(a)(1), which directed amendment of subsec. (a) by substituting "Office for Domestic Preparedness" for "Office of State and Local Domestic Preparedness Support", was executed by making the substitution for "Office for State and Local Domestic Preparedness Support" to reflect the probable intent of Congress. Subsec. (b). Pub. L. 107-273, Sec. 11003(b), inserted at end "In addition, grants under this section may be used to construct, develop, expand, modify, operate, or improve facilities to provide training or assistance to State and local first responders." Subsec. (c)(3). Pub. L. 107-273, Sec. 11003(a)(2), inserted "not less than" before "0.25 percent". -TRANS- TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and liabilities of the Office for Domestic Preparedness of the Office of Justice Programs, including the functions of the Attorney General relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(5), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -End- -CITE- 42 USC Sec. 3714a 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3714a. Grants to States for threat assessment databases -STATUTE- (a) In general The Attorney General, through the Office of Justice Programs, shall make grants under this section to the highest State courts in States participating in the program, for the purpose of enabling such courts to establish and maintain a threat assessment database described in subsection (b). (b) Database For purposes of subsection (a), a threat assessment database is a database through which a State can - (1) analyze trends and patterns in domestic terrorism and crime; (2) project the probabilities that specific acts of domestic terrorism or crime will occur; and (3) develop measures and procedures that can effectively reduce the probabilities that those acts will occur. (c) Core elements The Attorney General shall define a core set of data elements to be used by each database funded by this section so that the information in the database can be effectively shared with other States and with the Department of Justice. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2008 through 2011. -SOURCE- (Pub. L. 110-177, title III, Sec. 303, Jan. 7, 2008, 121 Stat. 2540.) -COD- CODIFICATION Section was enacted as part of the Court Security Improvement Act of 2007, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. -End- -CITE- 42 USC Sec. 3715 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3715. Office of Justice Programs grants, cooperative agreements, and contracts -STATUTE- Notwithstanding any other provision of law, during any fiscal year the Attorney General - (1) may make grants, or enter into cooperative agreements and contracts, for the Office of Justice Programs and the component organizations of that Office (including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of Public Law 90-351); (!1) and (2) shall have final authority over all functions, including any grants, cooperative agreements, and contracts made, or entered into, for the Office of Justice Programs and the component organizations of that Office (including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of Public Law 90- 351).(!1) -SOURCE- (Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 112], Oct. 21, 1998, 112 Stat. 2681-50, 2681-67; Pub. L. 107-56, title VI, Sec. 614, Oct. 26, 2001, 115 Stat. 370; Pub. L. 107-273, div. A, title II, Sec. 205(d), Nov. 2, 2002, 116 Stat. 1778.) -REFTEXT- REFERENCES IN TEXT Public Law 90-351, referred to in pars. (1) and (2), is Pub. L. 90-351, June 19, 1968, 82 Stat. 197, as amended, known as the Omnibus Crime Control and Safe Streets Act of 1968. Title 1 of Public Law 90-351 probably means title I of the Act which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3711 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Department of Justice Appropriations Act, 1999, and also as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. Section was formerly classified as a note under section 3712 of this title. -MISC1- AMENDMENTS 2002 - Pub. L. 107-273 substituted "any fiscal year the Attorney General - " for "fiscal year 1999, the Assistant Attorney General for the Office of Justice Programs of the Department of Justice - " in introductory provisions. 2001 - Par. (1). Pub. L. 107-56, Sec. 614(1), inserted "(including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of Public Law 90-351)" after "that Office". Par. (2). Pub. L. 107-56, Sec. 614, inserted "functions, including any" after "all" and "(including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of Public Law 90-351)" after "that Office". OFFICE OF JUSTICE PROGRAMS GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 108(a)], Nov. 29, 1999, 113 Stat. 1535, 1501A-20, as amended by Pub. L. 107- 56, title VI, Sec. 614, Oct. 26, 2001, 115 Stat. 370, provided that: "Notwithstanding any other provision of law, for fiscal year 2000, the Assistant Attorney General for the Office of Justice Programs of the Department of Justice - "(1) may make grants, or enter into cooperative agreements and contracts, for the Office of Justice Programs and the component organizations of that Office (including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of Public Law 90-351 [see References in Text note above]); and "(2) shall have final authority over all functions, including any grants, cooperative agreements and contracts made, or entered into, for the Office of Justice Programs and the component organizations of that Office (including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of Public Law 90-351 [see References in Text note above]), except for grants made under the provisions of sections 201, 202, 301, and 302 of the Omnibus Crime Control and Safe Streets Act of 1968 [42 U.S.C. 3721, 3722, 3731, 3732], as amended; and sections 204(b)(3), 241(e)(1), 243(a)(1), 243(a)(14) and 287A(3) of the Juvenile Justice and Delinquency Prevention Act of 1974 [42 U.S.C. 5614(b)(3) and former 42 U.S.C. 5651(e)(1), 5653(a)(1), (14), 5667d-1(3)], as amended." [Pub. L. 106-553, Sec. 1(a)(2) [title I, Sec. 108], Dec. 21, 2000, 114 Stat. 2762, 2762A-67, provided that: "Section 108(a) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000 (as enacted into law by section 1000(a)(1) of Public Law 106-113) [set out above] shall apply for fiscal year 2001 and thereafter."] -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 42 USC Sec. 3715a 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3715a. Consolidation of financial management systems of Office of Justice Programs -STATUTE- (a) Consolidation of accounting activities and procurement activities The Assistant Attorney General of the Office of Justice Programs, in coordination with the Chief Information Officer and Chief Financial Officer of the Department of Justice, shall ensure that - (1) all accounting activities for all elements of the Office of Justice Programs are carried out under the direct management of the Office of the Comptroller; and (2) all procurement activities for all elements of the Office are carried out under the direct management of the Office of Administration. (b) Further consolidation of procurement activities The Assistant Attorney General, in coordination with the Chief Information Officer and Chief Financial Officer of the Department of Justice, shall ensure that, on and after September 30, 2008 - (1) all procurement activities for all elements of the Office are carried out through a single management office; and (2) all contracts and purchase orders used in carrying out those activities are processed through a single procurement system. (c) Consolidation of financial management systems The Assistant Attorney General, in coordination with the Chief Information Officer and Chief Financial Officer of the Department of Justice, shall ensure that, on and after September 30, 2010, all financial management activities (including human resources, payroll, and accounting activities, as well as procurement activities) of all elements of the Office are carried out through a single financial management system. (d) Achieving compliance (1) Schedule The Assistant Attorney General shall undertake a scheduled consolidation of operations to achieve compliance with the requirements of this section. (2) Specific requirements With respect to achieving compliance with the requirements of - (A) subsection (a) of this section, the consolidation of operations shall be initiated not later than 90 days after January 5, 2006; and (B) subsections (b) and (c) of this section, the consolidation of operations shall be initiated not later than September 30, 2006, and shall be carried out by the Office of Administration, in consultation with the Chief Information Officer and the Office of Audit, Assessment, and Management. -SOURCE- (Pub. L. 109-162, title XI, Sec. 1162, Jan. 5, 2006, 119 Stat. 3118.) -COD- CODIFICATION Section was enacted as part of the Violence Against Women and Department of Justice Reauthorization Act of 2005, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. -End- -CITE- 42 USC Sec. 3716 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3716. Support for criminal investigations and prosecutions by State, local, and tribal law enforcement officials -STATUTE- (a) Assistance other than financial assistance (1) In general At the request of a State, local, or tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that - (A) constitutes a crime of violence; (B) constitutes a felony under the State, local, or tribal laws; and (C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws. (2) Priority In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime. (b) Grants (1) In general The Attorney General may award grants to State, local, and tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes. (2) Office of Justice Programs In implementing the grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants. (3) Application (A) In general Each State, local, and tribal law enforcement agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require. (B) Date for submission Applications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe. (C) Requirements A State, local, and tribal law enforcement agency applying for a grant under this subsection shall - (i) describe the extraordinary purposes for which the grant is needed; (ii) certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime; (iii) demonstrate that, in developing a plan to implement the grant, the State, local, and tribal law enforcement agency has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and (iv) certify that any Federal funds received under this subsection will be used to supplement, not supplant, non- Federal funds that would otherwise be available for activities funded under this subsection. (4) Deadline An application for a grant under this subsection shall be approved or denied by the Attorney General not later than 180 business days after the date on which the Attorney General receives the application. (5) Grant amount A grant under this subsection shall not exceed $100,000 for any single jurisdiction in any 1-year period. (6) Report Not later than December 31, 2011, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended. (7) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2010, 2011, and 2012. -SOURCE- (Pub. L. 111-84, div. E, Sec. 4704, Oct. 28, 2009, 123 Stat. 2837.) -COD- CODIFICATION Section was enacted as part of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, and also as part of the National Defense Authorization Act for Fiscal Year 2010, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. -CROSS- DEFINITIONS Pub. L. 111-84, div. E, Sec. 4703(b), Oct. 28, 2009, 123 Stat. 2836, provided that: "In this division [enacting this section and section 3716a of this title and sections 249 and 1389 of Title 18, Crimes and Criminal Procedure, amending section 249 of Title 18, enacting provisions set out as notes under sections 1 and 249 of Title 18, and amending provisions set out as a note under section 534 and provisions listed in a table relating to sentencing guidelines set out under section 994, of Title 28, Judiciary and Judicial Procedure] - "(1) the term 'crime of violence' has the meaning given that term in section 16 of title 18, United States Code; "(2) the term 'hate crime' has the meaning given that term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 2096), as amended by this Act [enacting provisions listed in a table relating to sentencing guidelines set out under section 994 of Title 28, Judiciary and Judicial Procedure]; "(3) the term 'local' means a county, city, town, township, parish, village, or other general purpose political subdivision of a State; and "(4) the term 'State' includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States." -End- -CITE- 42 USC Sec. 3716a 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS -HEAD- Sec. 3716a. Grant program -STATUTE- (a) Authority to award grants The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or tribal programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. -SOURCE- (Pub. L. 111-84, div. E, Sec. 4705, Oct. 28, 2009, 123 Stat. 2838.) -COD- CODIFICATION Section was enacted as part of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, and also as part of the National Defense Authorization Act for Fiscal Year 2010, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. -CROSS- DEFINITIONS For definitions of terms used in this section, see section 4703(b) of Pub. L. 111-84, set out as a note under section 3716 of this title. -End- -CITE- 42 USC SUBCHAPTER II - NATIONAL INSTITUTE OF JUSTICE 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER II - NATIONAL INSTITUTE OF JUSTICE -HEAD- SUBCHAPTER II - NATIONAL INSTITUTE OF JUSTICE -End- -CITE- 42 USC Sec. 3721 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER II - NATIONAL INSTITUTE OF JUSTICE -HEAD- Sec. 3721. Statement of purpose -STATUTE- It is the purpose of this subchapter to establish a National Institute of Justice, which shall provide for and encourage research and demonstration efforts for the purpose of - (1) improving Federal, State, and local criminal justice systems and related aspects of the civil justice system; (2) preventing and reducing crimes; (3) insuring citizen access to appropriate dispute-resolution forums; and (4) identifying programs of proven effectiveness, programs having a record of proven success, or programs which offer a high probability of improving the functioning of the criminal justice system. The Institute shall have authority to engage in and encourage research and development to improve and strengthen the criminal justice system and related aspects of the civil justice system and to disseminate the results of such efforts to Federal, State, and local governments, to evaluate the effectiveness of programs funded under this chapter, to develop and demonstrate new or improved approaches and techniques, to improve and strengthen the administration of justice, and to identify programs or projects carried out under this chapter which have demonstrated success in improving the quality of justice systems and which offer the likelihood of success if continued or repeated. In carrying out the provisions of this subchapter, the Institute shall give primary emphasis to the problems of State and local justice systems and shall insure that there is a balance between basic and applied research. -SOURCE- (Pub. L. 90-351, title I, Sec. 201, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1172; amended Pub. L. 98-473, title II, Sec. 604(a), Oct. 12, 1984, 98 Stat. 2078.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 90-351, as added by Pub. L. 96- 157, Sec. 2, Dec. 27, 1979, 93 Stat. 1167, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. -MISC1- PRIOR PROVISIONS A prior section 3721, Pub. L. 90-351, title I, Sec. 201, June 19, 1968, 82 Stat. 198; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 197; Pub. L. 94-503, title I, Sec. 104, Oct. 15, 1976, 90 Stat. 2408, set out Congressional statement of purpose in providing for a program of planning grants, prior to the general amendment of this chapter by Pub. L. 96-157. AMENDMENTS 1984 - Pub. L. 98-473 redesignated par. (5) as (4), struck out former par. (4) relating to improvement of efforts to detect, investigate, prosecute, and otherwise combat and prevent white- collar crime and public corruption, and in closing provisions struck out "to develop alternatives to judicial resolution of disputes," after "local governments,", and inserted "and demonstrate" after "to develop". EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. NATIONAL TRAINING PROGRAM FOR STATE AND LOCAL PROSECUTORS Pub. L. 110-424, Oct. 15, 2008, 122 Stat. 4819, provided that: "SECTION 1. TRAINING FOR STATE AND LOCAL PROSECUTORS. "The Attorney General is authorized to award a grant to a national nonprofit organization (such as the National District Attorneys Association) to conduct a national training program for State and local prosecutors for the purpose of improving the professional skills of State and local prosecutors and enhancing the ability of Federal, State, and local prosecutors to work together. "SEC. 2. COMPREHENSIVE CONTINUING LEGAL EDUCATION. "The Attorney General may provide assistance to the grantee under section 1 to carry out the training program described in such section, including comprehensive continuing legal education in the areas of trial practice, substantive legal updates, support staff training, and any other assistance the Attorney General determines to be appropriate. "SEC. 3. AUTHORIZATION OF APPROPRIATIONS. "There are authorized to be appropriated to the Attorney General to carry out this Act $4,750,000 for each of the fiscal years 2009 through 2012, to remain available until expended." ASSESSING AND REDUCING THREAT TO LAW ENFORCEMENT OFFICERS FROM CRIMINAL USE OF FIREARMS AND AMMUNITION Pub. L. 104-132, title VIII, Sec. 809, Apr. 24, 1996, 110 Stat. 1311, provided that: "(a) The Secretary of the Treasury, in conjunction with the Attorney General, shall conduct a study and make recommendations concerning - "(1) the extent and nature of the deaths and serious injuries, in the line of duty during the last decade, for law enforcement officers, including - "(A) those officers who were feloniously killed or seriously injured and those that died or were seriously injured as a result of accidents or other non-felonious causes; "(B) those officers feloniously killed or seriously injured with firearms, those killed or seriously injured with, separately, handguns firing handgun caliber ammunition, handguns firing rifle caliber ammunition, rifles firing rifle caliber ammunition, rifles firing handgun caliber ammunition and shotguns; "(C) those officers feloniously killed or seriously injured with firearms, and killings or serious injuries committed with firearms taken by officers' assailants from officers, and those committed with other officers' firearms; and "(D) those killed or seriously injured because shots attributable to projectiles defined as 'armor piercing ammunition' under section 921(a)(17)(B)(i) and (ii) of title 18, United States Code, pierced the protective material of bullet resistant vests and bullet resistant headgear; "(2) whether current passive defensive strategies, such as body armor, are adequate to counter the criminal use of firearms against law officers; and "(3) the calibers of ammunition that are - "(A) sold in the greatest quantities; "(B) their common uses, according to consultations with industry, sporting organizations and law enforcement; "(C) the calibers commonly used for civilian defensive or sporting uses that would be affected by any prohibition on non- law enforcement sales of such ammunition, if such ammunition is capable of penetrating minimum level bullet resistant vests; and "(D) recommendations for increase in body armor capabilities to further protect law enforcement from threat. "(b) In conducting the study, the Secretary shall consult with other Federal, State and local officials, non-governmental organizations, including all national police organizations, national sporting organizations and national industry associations with expertise in this area and such other individuals as shall be deemed necessary. Such study shall be presented to Congress twelve months after the enactment of this Act [Apr. 24, 1996] and made available to the public, including any data tapes or data used to form such recommendations. "(c) There are authorized to be appropriated for the study and recommendations such sums as may be necessary." NATIONAL COMMISSION TO SUPPORT LAW ENFORCEMENT Pub. L. 101-647, title XXXIV, Nov. 29, 1990, 104 Stat. 4918, as amended by Pub. L. 103-322, title XXVI, Sec. 260002, Sept. 13, 1994, 108 Stat. 2089, provided that: "SEC. 3401. CONGRESSIONAL FINDINGS. "The Congress finds that - "(1) law enforcement officers risk their lives daily to protect citizens, for modest rewards and too little recognition; "(2) a significant shift has occurred in the problems that law enforcement officers face without a corresponding change in the support from the Federal Government; "(3) law enforcement officers are on the front line in the war against drugs and crime; "(4) the rate of violent crime continues to increase along with the increase in drug use; "(5) a large percentage of individuals arrested test positive for drug usage; "(6) the Presidential Commission on Law Enforcement and the Administration of Justice of 1965 focused attention on many issues affecting law enforcement, and a review 25 years later would help to evaluate current problems, including drug-related crime, violence, racial conflict, and decreased funding; and "(7) a comprehensive study of law enforcement issues, including the role of the Federal Government in supporting law enforcement officers, working conditions, and responsibility for crime control would assist in redefining the relationships between the Federal Government, the public, and law enforcement officials. "SEC. 3402. ESTABLISHMENT. "There is hereby established the National Commission to Support Law Enforcement (hereafter in this title referred to as the 'Commission'). "SEC. 3403. DUTIES. "(a) In General. - The Commission shall study and include in the report made under section 3407 recommendations for changes regarding law enforcement agencies and law enforcement issues on the Federal, State, and local levels, including the following: "(1) Funding. - The sufficiency of funding, including a review of grant programs at the Federal level. "(2) Employment. - The conditions of law enforcement employment. "(3) Information. - The effectiveness of information-sharing systems, intelligence, infrastructure, and procedures among law enforcement agencies of Federal, State, and local governments. "(4) Research and training. - The status of law enforcement research and education and training. "(5) Equipment and resources. - The adequacy of equipment, physical resources, and human resources. "(6) Cooperation. - The cooperation among Federal, State, and local law enforcement agencies. "(7) Responsibility. - The responsibility of governments and law enforcement agencies in solving the crime problem. "(8) Impact. - The impact of the criminal justice system, including court schedules and prison overcrowding, on law enforcement. "(b) Consultation. - The Commission shall conduct surveys and consult with focus groups of law enforcement officers, local officials, and community leaders across the Nation to obtain information and seek advice on important law enforcement issues. "SEC. 3404. MEMBERSHIP. "(a) [Repealed. Pub. L. 103-322, title XXVI, Sec. 260002, Sept. 13, 1994, 108 Stat. 2089.] "(b) Compensation. - "(1) In general. - Members of the Commission shall receive no additional pay, allowances, or benefits by reason of service on the Commission. "(2) Travel expenses. - Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. "SEC. 3405. EXPERTS AND CONSULTANTS. "(a) Experts and Consultants. - The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. "(b) Staff of Federal Agencies. - Upon request of the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of that agency to the Commission to assist the Commission in carrying out its duties under this title. "(c) Administrative Support. - The Administrator of General Services shall provide to the Commission, on a reimbursable basis, administrative support services as the Commission may request. "SEC. 3406. POWERS OF COMMISSION. "(a) Hearings. - The Commission may, for purposes of this title, hold hearings, sit and act at the times and places, take testimony, and receive evidence, as the Commission considers appropriate. "(b) Delegation of Authority. - Any member or agent of the Commission may, if authorized by the Commission, take any action the Commission is authorized to take by this section. "(c) Information. - The Commission may secure directly from any Federal agency information necessary to enable it to carry out this title. Upon request of the chairperson of the Commission, the head of an agency shall furnish the information to the Commission to the extent permitted by law. "(d) Gifts and Donations. - The Commission may accept, use, and dispose of gifts or donations of services or property. "(e) Mails. - The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. "SEC. 3407. REPORT. "Not later than the expiration of the 18-month period beginning on the date of the enactment of this title [Nov. 29, 1990], the Commission shall submit to the Congress a report containing the findings of the Commission and specific proposals for legislation and administrative actions that the Commission has determined to be appropriate. "SEC. 3408. TERMINATION. "The Commission shall cease to exist upon the expiration of the 60-day period beginning on the date on which the Commission submits its report under section 3407." Pub. L. 101-515, title II, Sec. 211(B), Nov. 5, 1990, 104 Stat. 2122, as amended by Pub. L. 103-322, title XXVI, Sec. 260001, Sept. 13, 1994, 108 Stat. 2088; Pub. L. 104-316, title I, Sec. 122(m), Oct. 19, 1996, 110 Stat. 3838, provided that: "(B)(a) This subsection may be cited as the 'National Commission to Support Law Enforcement Act'. "(b) The Congress finds that - "(1) law enforcement officers risk their lives daily to protect citizens, for modest rewards and too little recognition; "(2) a significant shift has occurred in the problems that law enforcement officers face without a corresponding change in the support from the Federal Government; "(3) law enforcement officers are on the front line in the war against drugs and crime; "(4) the rate of violent crime continues to increase along with the increase in drug use; "(5) a large percentage of individuals arrested test positive for drug usage; "(6) the Presidential Commission on Law Enforcement and the Administration of Justice of 1965 focused attention on many issues affecting law enforcement, and a review twenty-five years later would help to evaluate current problems, including drug- related crime, violence, racial conflict, and decrease[d] funding; and "(7) a comprehensive study of law enforcement issues, including the role of the Federal Government in supporting law enforcement officers, working conditions, and responsibility for crime control would assist in redefining the relationships between the Federal Government, the public, and law enforcement officials. "(c) There is established a national commission to be known as the 'National Commission to Support Law Enforcement' (referred to in this section as the 'Commission'). "(d) The Commission shall study and recommend changes regarding law enforcement agencies and law enforcement issues on the Federal, State, and local levels, including the following: "(1) The sufficiency of funding, including a review of grant programs at the Federal level. "(2) The conditions of law enforcement employment. "(3) The effectiveness of information-sharing systems, intelligence, infrastructure, and procedures among law enforcement agencies of Federal, State, and local governments. "(4) The status of law enforcement research and education and training. "(5) The adequacy of equipment, physical resources, and human resources. "(6) The cooperation among Federal, State, and local law enforcement agencies. "(7) The responsibility of governments and law enforcement agencies in solving the crime problem. "(8) The impact of the criminal justice system, including court schedules and prison overcrowding, on law enforcement. "(e) The Commission shall conduct surveys and consult with focus groups of law enforcement officers, local officials, and community leaders across the Nation to obtain information and seek advice on important law enforcement issues. "(f) Number and Appointment. - "(1) In general. - The Commission shall be composed of 29 members as follows: "(A) Nine individuals appointed from national law enforcement organizations representing law enforcement officers, of whom - "(i) two shall be appointed by the Speaker of the House of Representatives; "(ii) two shall be appointed by the majority leader of the Senate; "(iii) two shall be appointed by the minority leader of the House of Representatives; "(iv) two shall be appointed by the minority leader of the Senate; and "(v) one shall be appointed by the President. "(B) Nine individuals appointed from national law enforcement organizations representing law enforcement management, of whom - "(i) two shall be appointed by the Speaker of the House of Representatives; "(ii) two shall be appointed by the majority leader of the Senate; "(iii) two shall be appointed by the minority leader of the House of Representatives; "(iv) two shall be appointed by the minority leader of the Senate; and "(v) one shall be appointed by the President. "(C) Two individuals appointed with academic expertise regarding law enforcement issues, of whom - "(i) one shall be appointed by the Speaker of the House of Representatives and the majority leader of the Senate; and "(ii) one shall be appointed by the minority leader of the Senate and the minority leader of the House of Representatives. "(D) Two Members of the House of Representatives, appointed by the Speaker and the minority leader of the House of Representatives. "(E) Two Members of the Senate, appointed by the majority leader and the minority leader of the Senate. "(F) One individual from the Department of Justice, appointed by the President. "(G) Two individuals representing a State or local governmental entity, such as a Governor, mayor, or State attorney general, to be appointed jointly by the majority leader and the minority leader of the Senate. "(H) Two individuals representing a State or local governmental entity, such as a Governor, mayor, or State attorney general, to be appointed jointly by the Speaker and the minority leader of the House of Representatives. "(2) Comptroller general. - The Comptroller General may serve in an advisory capacity, may oversee the methodology, and may approve of the Commission study. "(3) Chairperson. - Upon their appointment the members of the Commission shall select one of their number to act as chairperson. "(4) Appointment date. - Members of the Commission shall be appointed no later than 90 days after the enactment of this Act [probably means enactment of Pub. L. 103-322, which was approved Sept. 13, 1994]. "(g)(1) Members of the Commission shall receive no additional pay, allowance, or benefit by reason of service on the Commission. "(2) Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. "(h) The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. "(i) Upon request of the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of that agency to the Commission to assist the Commission in carrying out its duties under this section. "(j) The Administrator of General Services shall provide to the Commission, on a reimbursable basis, administrative support services as the Commission may request. "(k) The Commission may, for purposes of this section, hold hearings, sit and act at the times and places, take testimony, and receive evidence, as the Commission considers appropriate. "(l) Any member or agent of the Commission may, if authorized by the Commission, take any action the Commission is authorized to take by this section. "(m) The Commission may secure directly from any Federal agency information necessary to enable it to carry out this section. Upon request of the chairperson of the Commission, the head of an agency shall furnish the information to the Commission to the extent permitted by law. "(n) The Commission may accept, use, and dispose of gifts or donations of services or property. "(o) The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. "(p) Not later than March 31, 1996, the Commission shall submit to the Congress a report containing the findings of the Commission and specific proposals for legislation and administrative actions that the Commission has determined to be appropriate. "(q) The Commission shall cease to exist upon the expiration of the sixty-day period beginning on the date on which the Commission submits its report under subsection (p)." -End- -CITE- 42 USC Sec. 3722 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER II - NATIONAL INSTITUTE OF JUSTICE -HEAD- Sec. 3722. National Institute of Justice -STATUTE- (a) Establishment; general authority of Attorney General over Institute There is established within the Department of Justice, under the general authority of the Attorney General, a National Institute of Justice (hereinafter referred to in this subchapter as the "Institute"). (b) Director of Institute; appointment by President; authority; restrictions The Institute shall be headed by a Director appointed by the President, by and with the advice and consent of the Senate. The Director shall have had experience in justice research. The Director shall report to the Attorney General through the Assistant Attorney General. The Director shall have final authority over all grants, cooperative agreements, and contracts awarded by the Institute. The Director shall not engage in any other employment than that of serving as Director; nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Institute makes any contract or other arrangement under this chapter. (c) Duties and functions The Institute is authorized to - (1) make grants to, or enter into cooperative agreements or contracts with, public agencies, institutions of higher education, private organizations, or individuals to conduct research, demonstrations, or special projects pertaining to the purposes described in this subchapter, and provide technical assistance and training in support of tests, demonstrations, and special projects; (2) conduct or authorize multiyear and short-term research and development concerning the criminal and civil justice systems in an effort - (A) to identify alternative programs for achieving system goals; (B) to provide more accurate information on the causes and correlates of crime; (C) to analyze the correlates of crime and juvenile delinquency and provide more accurate information on the causes and correlates of crime and juvenile delinquency; (D) to improve the functioning of the criminal justice system; (E) to develop new methods for the prevention and reduction of crime, including the development of programs to facilitate cooperation among the States and units of local government, the detection and apprehension of criminals, the expeditious, efficient, and fair disposition of criminal and juvenile delinquency cases, the improvement of police and minority relations, the conduct of research into the problems of victims and witnesses of crime, the feasibility and consequences of allowing victims to participate in criminal justice decisionmaking, the feasibility and desirability of adopting procedures and programs which increase the victim's participation in the criminal justice process, the reduction in the need to seek court resolution of civil disputes, and the development of adequate corrections facilities and effective programs of correction; and (F) to develop programs and projects to improve and expand the capacity of States and units of local government and combinations of such units, to detect, investigate, prosecute, and otherwise combat and prevent white-collar crime and public corruption, to improve and expand cooperation among the Federal Government, States, and units of local government in order to enhance the overall criminal justice system response to white- collar crime and public corruption, and to foster the creation and implementation of a comprehensive national strategy to prevent and combat white-collar crime and public corruption. In carrying out the provisions of this subsection, the Institute may request the assistance of both public and private research agencies; (3) evaluate the effectiveness, including cost effectiveness where practical, of projects or programs carried out under this chapter; (4) make recommendations for action which can be taken by Federal, State, and local governments and by private persons and organizations to improve and strengthen criminal and civil justice systems; (5) provide research fellowships and clinical internships and carry out programs of training and special workshops for the presentation and dissemination of information resulting from research, demonstrations, and special projects including those authorized by this subchapter; (6) collect and disseminate information obtained by the Institute or other Federal agencies, public agencies, institutions of higher education, and private organizations relating to the purposes of this subchapter; (7) serve as a national and international clearinghouse for the exchange of information with respect to the purposes of this subchapter; (8) after consultation with appropriate agencies and officials of States and units of local government, make recommendations for the designation of programs or projects which will be effective in improving the functioning of the criminal justice system, for funding as discretionary grants under subchapter V of this chapter; (9) encourage, assist, and serve in a consulting capacity to Federal, State, and local justice system agencies in the development, maintenance, and coordination of criminal and civil justice programs and services; and (10) research and development of tools and technologies relating to prevention, detection, investigation, and prosecution of crime; and (11) support research, development, testing, training, and evaluation of tools and technology for Federal, State, and local law enforcement agencies. (d) Criminal and civil justice research To insure that all criminal and civil justice research is carried out in a coordinated manner, the Director is authorized to - (1) utilize, with their consent, the services, equipment, personnel, information, and facilities of other Federal, State, local, and private agencies and instrumentalities with or without reimbursement therefor; (2) confer with and avail itself of the cooperation, services, records, and facilities of State or of municipal or other local agencies; (3) request such information, data, and reports from any Federal agency as may be required to carry out the purposes of this section, and the agencies shall provide such information to the Institute as required to carry out the purposes of this subchapter; (4) seek the cooperation of the judicial branches of Federal and State Government in coordinating civil and criminal justice research and development; and (5) exercise the powers and functions set out in subchapter VIII of this chapter. -SOURCE- (Pub. L. 90-351, title I, Sec. 202, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1172; amended Pub. L. 98-473, title II, Sec. 604(b), Oct. 12, 1984, 98 Stat. 2078; Pub. L. 103-322, title XXXIII, Sec. 330001(h)(1), Sept. 13, 1994, 108 Stat. 2139; Pub. L. 107-296, title II, Sec. 237, Nov. 25, 2002, 116 Stat. 2162.) -MISC1- PRIOR PROVISIONS A prior section 3722, Pub. L. 90-351, title I, Sec. 202, June 19, 1968, 82 Stat. 198; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 198, provided for making of grants to State planning agencies, prior to the general amendment of this chapter by Pub. L. 96-157. AMENDMENTS 2002 - Subsec. (c)(3). Pub. L. 107-296, Sec. 237(1), inserted ", including cost effectiveness where practical," after "evaluate the effectiveness". Subsec. (c)(10), (11). Pub. L. 107-296, Sec. 237(2), added pars. (10) and (11). 1994 - Subsec. (c)(2)(E). Pub. L. 103-322 substituted "crime," for "crime,,". 1984 - Subsec. (b). Pub. L. 98-473, Sec. 604(b)(1), required Director to report to Attorney General through Assistant Attorney General. Subsec. (c)(2)(A). Pub. L. 98-473, Sec. 604(b)(2)(A)(i), struck out ", including programs authorized by section 3713 of this title" after "system goals". Subsec. (c)(2)(E). Pub. L. 98-473, Sec. 604(b)(2)(A)(ii), struck out "the prevention and reduction of parental kidnaping" after "reduction of crime,". Subsec. (c)(3). Pub. L. 98-473, Sec. 604(b)(2)(B), substituted "chapter" for "subchapter". Subsec. (c)(4) to (7). Pub. L. 98-473, Sec. 604(b)(2)(C), (F), redesignated pars. (5) to (8) as (4) to (7), respectively, and struck out former par. (4) relating to evaluation of programs and projects under other subchapters of this chapter to determine their impact upon criminal and civil justice systems and achievement of purposes and policies of this chapter and for dissemination of information. Subsec. (c)(8). Pub. L. 98-473, Sec. 604(b)(2)(D)(i), (ii), (F), redesignated par. (10) as (8) and, in par. (8) as so designated, struck out "nationality priority grants under subchapter V of this chapter and" after "for funding as" and substituted "subchapter V of this chapter" for "subchapter VI of this chapter". Former par. (8) redesignated (7). Subsec. (c)(9). Pub. L. 98-473, Sec. 604(b)(2)(E), (F), redesignated par. (11) as (9), and struck out former par. (9) relating to a biennial report to President and Congress on state of justice research. Subsec. (c)(10), (11). Pub. L. 98-473, Sec. 604(b)(2)(F), redesignated pars. (10) and (11) as (8) and (9), respectively. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of Title 6, Domestic Security. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. REPORT ON DRUG-TESTING TECHNOLOGIES Pub. L. 107-273, div. B, title II, Sec. 2201, Nov. 2, 2002, 116 Stat. 1793, provided that: "(a) Requirement. - The National Institute of Justice shall conduct a study of drug-testing technologies in order to identify and assess the efficacy, accuracy, and usefulness for purposes of the National effort to detect the use of illicit drugs of any drug- testing technologies (including the testing of hair) that may be used as alternatives or complements to urinalysis as a means of detecting the use of such drugs. "(b) Report. - Not later than 2 years after the date of enactment of this Act [Nov. 2, 2002], the Institute shall submit to Congress a report on the results of the study conducted under subsection (a)." ANTI-STALKING LEGISLATION EVALUATION, MODEL DEVELOPMENT, DISSEMINATION AND REPORT Pub. L. 102-395, title I, Sec. 109(b), Oct. 6, 1992, 106 Stat. 1842, directed Attorney General, acting through Director of National Institute of Justice, to evaluate existing and proposed anti-stalking legislation in the States, develop model anti- stalking legislation that is constitutional and enforceable, prepare and disseminate to State authorities the findings made as a result of such evaluation, and report to Congress the findings and the need or appropriateness of further action by the Federal Government by Sept. 30, 1993. -End- -CITE- 42 USC Sec. 3723 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER II - NATIONAL INSTITUTE OF JUSTICE -HEAD- Sec. 3723. Authority for 100 per centum grants -STATUTE- A grant authorized under this subchapter may be up to 100 per centum of the total cost of each project for which such grant is made. The Institute shall require, whenever feasible, as a condition of approval of a grant under this subchapter, that the recipient contribute money, facilities, or services to carry out the purposes for which the grant is sought. -SOURCE- (Pub. L. 90-351, title I, Sec. 203, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1174.) -MISC1- PRIOR PROVISIONS A prior section 3723, Pub. L. 90-351, title I, Sec. 203, June 19, 1968, 82 Stat. 199; Pub. L. 91-644, title I, Sec. 3(a)-(c), Jan. 2, 1971, 84 Stat. 1881; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 198; Pub. L. 93-415, title V, Sec. 542, Sept. 7, 1974, 88 Stat. 1142; Pub. L. 94-503, title I, Sec. 105, Oct. 15, 1976, 90 Stat. 2408; Pub. L. 95-115, Sec. 9(b), Oct. 3, 1977, 91 Stat. 1061, provided for establishment of State planning agencies, prior to the general amendment of this chapter by Pub. L. 96-157. -End- -CITE- 42 USC Sec. 3724 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER II - NATIONAL INSTITUTE OF JUSTICE -HEAD- Sec. 3724. Repealed. -MISC1- Sec. 3724. Repealed. Pub. L. 98-473, title II, Sec. 604(c), Oct. 12, 1984, 98 Stat. 2079. Section, Pub. L. 90-351, title I, Sec. 204, as added Pub. L. 96- 157, Sec. 2, Dec. 27, 1979, 93 Stat. 1174, provided for a National Institute of Justice Advisory Board, including the establishment and composition of the Board, rules respecting organization and procedure, term of office, duties of the Board, and delegation of powers and duties to the Director. Prior sections 3724 to 3726 were omitted in the general revision of this chapter by Pub. L. 96-157. Section 3724, Pub. L. 90-351, title I, Sec. 204, June 19, 1968, 82 Stat. 199; Pub. L. 91-644, title I, Sec. 3(d), Jan. 2, 1971, 84 Stat. 1881; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 199; Pub. L. 94-503, title I, Sec. 106, Oct. 15, 1976, 90 Stat. 2410, related to maximum percentage of Federal grant funds in expenses incurred by States. Section 3725, Pub. L. 90-351, title I, Sec. 205, June 19, 1968, 82 Stat. 199; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 199; Pub. L. 94-503, title I, Sec. 107, Oct. 15, 1976, 90 Stat. 2410, related to allocation of funds and reallocation of unused funds. Section 3726, Pub. L. 90-351, title I, Sec. 206, as added Pub. L. 94-503, title I, Sec. 108, Oct. 15, 1976, 90 Stat. 2411, related to advisory review of comprehensive statewide plans by States. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -End- -CITE- 42 USC SUBCHAPTER III - BUREAU OF JUSTICE STATISTICS 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER III - BUREAU OF JUSTICE STATISTICS -HEAD- SUBCHAPTER III - BUREAU OF JUSTICE STATISTICS -End- -CITE- 42 USC Sec. 3731 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER III - BUREAU OF JUSTICE STATISTICS -HEAD- Sec. 3731. Statement of purpose -STATUTE- It is the purpose of this subchapter to provide for and encourage the collection and analysis of statistical information concerning crime, juvenile delinquency, and the operation of the criminal justice system and related aspects of the civil justice system and to support the development of information and statistical systems at the Federal, State, and local levels to improve the efforts of these levels of government to measure and understand the levels of crime, juvenile delinquency, and the operation of the criminal justice system and related aspects of the civil justice system. The Bureau shall utilize to the maximum extent feasible State governmental organizations and facilities responsible for the collection and analysis of criminal justice data and statistics. In carrying out the provisions of this subchapter, the Bureau shall give primary emphasis to the problems of State and local justice systems. -SOURCE- (Pub. L. 90-351, title I, Sec. 301, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1176; amended Pub. L. 98-473, title II, Sec. 605(a), Oct. 12, 1984, 98 Stat. 2079.) -MISC1- PRIOR PROVISIONS A prior section 3731, Pub. L. 90-351, title I, Sec. 301, June 19, 1968, 82 Stat. 199; Pub. L. 91-644, title I, Sec. 4(1)-(4), Jan. 2, 1971, 84 Stat. 1882; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 199; Pub. L. 94-503, title I, Secs. 109, 128(b), Oct. 15, 1976, 90 Stat. 2411, 2424, related to purposes and categories of grants for law enforcement and criminal justice purposes, prior to the general amendment of this chapter by Pub. L. 96-157. AMENDMENTS 1984 - Pub. L. 98-473 struck out "(including white-collar crime and public corruption)" after "information concerning crime" and "(including crimes against the elderly, white-collar crime, and public corruption)" after "levels of crime". EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -End- -CITE- 42 USC Sec. 3732 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER III - BUREAU OF JUSTICE STATISTICS -HEAD- Sec. 3732. Bureau of Justice Statistics -STATUTE- (a) Establishment There is established within the Department of Justice, under the general authority of the Attorney General, a Bureau of Justice Statistics (hereinafter referred to in this subchapter as "Bureau"). (b) Appointment of Director; experience; authority; restrictions The Bureau shall be headed by a Director appointed by the President, by and with the advice and consent of the Senate. The Director shall have had experience in statistical programs. The Director shall have final authority for all grants, cooperative agreements, and contracts awarded by the Bureau. The Director shall be responsible for the integrity of data and statistics and shall protect against improper or illegal use or disclosure. The Director shall report to the Attorney General through the Assistant Attorney General. The Director shall not engage in any other employment than that of serving as Director; nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Bureau makes any contract or other arrangement under this Act. (c) Duties and functions of Bureau The Bureau is authorized to - (1) make grants to, or enter into cooperative agreements or contracts with public agencies, institutions of higher education, private organizations, or private individuals for purposes related to this subchapter; grants shall be made subject to continuing compliance with standards for gathering justice statistics set forth in rules and regulations promulgated by the Director; (2) collect and analyze information concerning criminal victimization, including crimes against the elderly, and civil disputes; (3) collect and analyze data that will serve as a continuous and comparable national social indication of the prevalence, incidence, rates, extent, distribution, and attributes of crime, juvenile delinquency, civil disputes, and other statistical factors related to crime, civil disputes, and juvenile delinquency, in support of national, State, tribal, and local justice policy and decisionmaking; (4) collect and analyze statistical information, concerning the operations of the criminal justice system at the Federal, State, tribal, and local levels; (5) collect and analyze statistical information concerning the prevalence, incidence, rates, extent, distribution, and attributes of crime, and juvenile delinquency, at the Federal, State, tribal, and local levels; (6) analyze the correlates of crime, civil disputes and juvenile delinquency, by the use of statistical information, about criminal and civil justice systems at the Federal, State, tribal, and local levels, and about the extent, distribution and attributes of crime, and juvenile delinquency, in the Nation and at the Federal, State, tribal, and local levels; (7) compile, collate, analyze, publish, and disseminate uniform national statistics concerning all aspects of criminal justice and related aspects of civil justice, crime, including crimes against the elderly, juvenile delinquency, criminal offenders, juvenile delinquents, and civil disputes in the various States and in Indian country; (8) recommend national standards for justice statistics and for insuring the reliability and validity of justice statistics supplied pursuant to this chapter; (9) maintain liaison with the judicial branches of the Federal Government and State and tribal governments in matters relating to justice statistics, and cooperate with the judicial branch in assuring as much uniformity as feasible in statistical systems of the executive and judicial branches; (10) provide information to the President, the Congress, the judiciary, State, tribal, and local governments, and the general public on justice statistics; (11) establish or assist in the establishment of a system to provide State, tribal, and local governments with access to Federal informational resources useful in the planning, implementation, and evaluation of programs under this Act; (12) conduct or support research relating to methods of gathering or analyzing justice statistics; (13) provide for the development of justice information systems programs and assistance to the States, Indian tribes, and units of local government relating to collection, analysis, or dissemination of justice statistics; (14) develop and maintain a data processing capability to support the collection, aggregation, analysis and dissemination of information on the incidence of crime and the operation of the criminal justice system; (15) collect, analyze and disseminate comprehensive Federal justice transaction statistics (including statistics on issues of Federal justice interest such as public fraud and high technology crime) and to provide technical assistance to and work jointly with other Federal agencies to improve the availability and quality of Federal justice data; (16) provide for the collection, compilation, analysis, publication and dissemination of information and statistics about the prevalence, incidence, rates, extent, distribution and attributes of drug offenses, drug related offenses and drug dependent offenders and further provide for the establishment of a national clearinghouse to maintain and update a comprehensive and timely data base on all criminal justice aspects of the drug crisis and to disseminate such information; (17) provide for the collection, analysis, dissemination and publication of statistics on the condition and progress of drug control activities at the Federal, State, tribal, and local levels with particular attention to programs and intervention efforts demonstrated to be of value in the overall national anti- drug strategy and to provide for the establishment of a national clearinghouse for the gathering of data generated by Federal, State, tribal, and local criminal justice agencies on their drug enforcement activities; (18) provide for the development and enhancement of State, tribal, and local criminal justice information systems, and the standardization of data reporting relating to the collection, analysis or dissemination of data and statistics about drug offenses, drug related offenses, or drug dependent offenders; (19) provide for improvements in the accuracy, quality, timeliness, immediate accessibility, and integration of State and tribal criminal history and related records, support the development and enhancement of national systems of criminal history and related records including the National Instant Criminal Background Check System, the National Incident-Based Reporting System, and the records of the National Crime Information Center, facilitate State and tribal participation in national records and information systems, and support statistical research for critical analysis of the improvement and utilization of criminal history records; (20) maintain liaison with State, tribal, and local governments and governments of other nations concerning justice statistics; (21) cooperate in and participate with national and international organizations in the development of uniform justice statistics; (22) ensure conformance with security and privacy requirement of section 3789g of this title and identify, analyze, and participate in the development and implementation of privacy, security and information policies which impact on Federal, tribal, and State criminal justice operations and related statistical activities; and (23) exercise the powers and functions set out in subchapter VIII of this chapter. (d) Justice statistical collection, analysis, and dissemination (1) In general To ensure that all justice statistical collection, analysis, and dissemination is carried out in a coordinated manner, the Director is authorized to - (A) utilize, with their consent, the services, equipment, records, personnel, information, and facilities of other Federal, State, local, and private agencies and instrumentalities with or without reimbursement therefor, and to enter into agreements with such agencies and instrumentalities for purposes of data collection and analysis; (B) confer and cooperate with State, municipal, and other local agencies; (C) request such information, data, and reports from any Federal agency as may be required to carry out the purposes of this chapter; (D) seek the cooperation of the judicial branch of the Federal Government in gathering data from criminal justice records; (E) encourage replication, coordination and sharing among justice agencies regarding information systems, information policy, and data; and (F) confer and cooperate with Federal statistical agencies as needed to carry out the purposes of this subchapter, including by entering into cooperative data sharing agreements in conformity with all laws and regulations applicable to the disclosure and use of data. (2) Consultation with Indian tribes The Director, acting jointly with the Assistant Secretary for Indian Affairs (acting through the Office of Justice Services) and the Director of the Federal Bureau of Investigation, shall work with Indian tribes and tribal law enforcement agencies to establish and implement such tribal data collection systems as the Director determines to be necessary to achieve the purposes of this section. (e) Furnishing of information, data, or reports by Federal agencies Federal agencies requested to furnish information, data, or reports pursuant to subsection (d)(1)(C) of this section shall provide such information to the Bureau as is required to carry out the purposes of this section. (f) Consultation with representatives of State, tribal, and local government and judiciary In recommending standards for gathering justice statistics under this section, the Director shall consult with representatives of State, tribal, and local government, including, where appropriate, representatives of the judiciary. (g) Reports Not later than 1 year after July 29, 2010, and annually thereafter, the Director shall submit to Congress a report describing the data collected and analyzed under this section relating to crimes in Indian country. -SOURCE- (Pub. L. 90-351, title I, Sec. 302, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1176; amended Pub. L. 98-473, title II, Sec. 605(b), Oct. 12, 1984, 98 Stat. 2079; Pub. L. 100-690, title VI, Sec. 6092(a), Nov. 18, 1988, 102 Stat. 4339; Pub. L. 103-322, title XXXIII, Sec. 330001(h)(2), Sept. 13, 1994, 108 Stat. 2139; Pub. L. 109-162, title XI, Sec. 1115(a), Jan. 5, 2006, 119 Stat. 3103; Pub. L. 111-211, title II, Sec. 251(b), July 29, 2010, 124 Stat. 2297.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (b) and (c)(11), is Pub. L. 90- 351, June 19, 1968, 82 Stat. 197, known as the Omnibus Crime Control and Safe Streets Act of 1968. For complete classification of this Act to the Code, see Short Title note set out under section 3711 of this title and Tables. -MISC1- PRIOR PROVISIONS A prior section 3732, Pub. L. 90-351, title I, Sec. 302, June 19, 1968, 82 Stat. 200; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 201; Pub. L. 94-503, title I, Sec. 110, Oct. 15, 1976, 90 Stat. 2412, related to establishment of State planning agencies to develop comprehensive State plans for grants for law enforcement and criminal justice purposes, prior to the general amendment of this chapter by Pub. L. 96-157. AMENDMENTS 2010 - Subsec. (c)(3) to (6). Pub. L. 111-211, Sec. 251(b)(1)(A), inserted "tribal," after "State," wherever appearing. Subsec. (c)(7). Pub. L. 111-211, Sec. 251(b)(1)(B), inserted "and in Indian country" after "States". Subsec. (c)(9). Pub. L. 111-211, Sec. 251(b)(1)(C), substituted "Federal Government and State and tribal governments" for "Federal and State Governments". Subsec. (c)(10), (11). Pub. L. 111-211, Sec. 251(b)(1)(D), inserted ", tribal," after "State". Subsec. (c)(13). Pub. L. 111-211, Sec. 251(b)(1)(E), inserted ", Indian tribes," after "States". Subsec. (c)(17). Pub. L. 111-211, Sec. 251(b)(1)(F), substituted "activities at the Federal, State, tribal, and local" for "activities at the Federal, State and local" and "generated by Federal, State, tribal, and local" for "generated by Federal, State, and local". Subsec. (c)(18). Pub. L. 111-211, Sec. 251(b)(1)(G), substituted "State, tribal, and local" for "State and local". Subsec. (c)(19). Pub. L. 111-211, Sec. 251(b)(1)(H), inserted "and tribal" after "State" in two places. Subsec. (c)(20). Pub. L. 111-211, Sec. 251(b)(1)(I), inserted ", tribal," after "State". Subsec. (c)(22). Pub. L. 111-211, Sec. 251(b)(1)(J), inserted ", tribal," after "Federal". Subsec. (d). Pub. L. 111-211, Sec. 251(b)(2), designated existing provisions as par. (1), inserted par. (1) heading, substituted "To ensure" for "To insure", redesignated former pars. (1) to (6) as subpars. (A) to (F), respectively, of par. (1), realigned margins, and added par. (2). Subsec. (e). Pub. L. 111-211, Sec. 251(b)(3), substituted "subsection (d)(1)(C)" for "subsection (d)(3)". Subsec. (f). Pub. L. 111-211, Sec. 251(b)(4)(B), inserted ", tribal," after "State". Pub. L. 111-211, Sec. 251(b)(4)(A), which directed insertion of ", tribal," after "State" in heading, was executed editorially but could not be executed in original because heading had been editorially supplied. Subsec. (g). Pub. L. 111-211, Sec. 251(b)(5), added subsec. (g). 2006 - Subsec. (b). Pub. L. 109-162, Sec. 1115(a)(1), inserted after third sentence "The Director shall be responsible for the integrity of data and statistics and shall protect against improper or illegal use or disclosure." Subsec. (c)(19). Pub. L. 109-162, Sec. 1115(a)(2), amended par. (19) generally. Prior to amendment, par. (19) read as follows: "provide for research and improvements in the accuracy, completeness, and inclusiveness of criminal history record information, information systems, arrest warrant, and stolen vehicle record information and information systems and support research concerning the accuracy, completeness, and inclusiveness of other criminal justice record information;". Subsec. (d)(6). Pub. L. 109-162, Sec. 1115(a)(3), added par. (6). 1994 - Subsec. (c)(19). Pub. L. 103-322 substituted a semicolon for period at end. 1988 - Subsec. (c)(16) to (23). Pub. L. 100-690 added pars. (16) to (19) and redesignated former pars. (16) to (19) as (20) to (23), respectively. 1984 - Subsec. (b). Pub. L. 98-473, Sec. 605(b)(1), inserted provision requiring Director to report to Attorney General through Assistant Attorney General. Subsec. (c)(13). Pub. L. 98-473, Sec. 605(b)(2)(A), (C), added par. (13) and struck out former par. (13) relating to provision of financial and technical assistance to States and units of local government relating to collection, analysis, or dissemination of justice statistics. Subsec. (c)(14), (15). Pub. L. 98-473, Sec. 605(b)(2)(C), added pars. (14) and (15). Former pars. (14) and (15) redesignated (16) and (17), respectively. Subsec. (c)(16). Pub. L. 98-473, Sec. 605(b)(2)(A), (B), redesignated par. (14) as (16) and struck out former par. (16) relating to insuring conformance with security and privacy regulations issued under section 3789g of this title. Subsec. (c)(17). Pub. L. 98-473, Sec. 605(b)(2)(B), redesignated par. (15) as (17). Former par. (17) redesignated (19). Subsec. (c)(18). Pub. L. 98-473, Sec. 605(b)(2)(D), added par. (18). Subsec. (c)(19). Pub. L. 98-473, Sec. 605(b)(2)(B), redesignated former par. (17) as (19). Subsec. (d)(1). Pub. L. 98-473, Sec. 605(b)(3)(A), inserted ", and to enter into agreements with such agencies and instrumentalities for purposes of data collection and analysis". Subsec. (d)(5). Pub. L. 98-473, Sec. 605(b)(3)(B)-(D), added par. (5). EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. CONSTRUCTION OF 2010 AMENDMENT Pub. L. 111-211, title II, Sec. 251(c), July 29, 2010, 124 Stat. 2298, provided that: "Nothing in this section [amending this section and provisions set out as a note under section 534 of Title 28, Judiciary and Judicial Procedure] or any amendment made by this section - "(1) allows the grant to be made to, or used by, an entity for law enforcement activities that the entity lacks jurisdiction to perform; or "(2) has any effect other than to authorize, award, or deny a grant of funds to a federally recognized Indian tribe for the purposes described in the relevant grant program." [For definition of "Indian tribe" as used in section 251(c) of Pub. L. 111-211, set out above, see section 203(a) of Pub. L. 111- 211, set out as a note under section 2801 of Title 25, Indians.] STUDY OF CRIMES AGAINST SENIORS Pub. L. 106-534, Sec. 5, Nov. 22, 2000, 114 Stat. 2557, provided that: "(a) In General. - The Attorney General shall conduct a study relating to crimes against seniors, in order to assist in developing new strategies to prevent and otherwise reduce the incidence of those crimes. "(b) Issues Addressed. - The study conducted under this section shall include an analysis of - "(1) the nature and type of crimes perpetrated against seniors, with special focus on - "(A) the most common types of crimes that affect seniors; "(B) the nature and extent of telemarketing, sweepstakes, and repair fraud against seniors; and "(C) the nature and extent of financial and material fraud targeted at seniors; "(2) the risk factors associated with seniors who have been victimized; "(3) the manner in which the Federal and State criminal justice systems respond to crimes against seniors; "(4) the feasibility of States establishing and maintaining a centralized computer database on the incidence of crimes against seniors that will promote the uniform identification and reporting of such crimes; "(5) the effectiveness of damage awards in court actions and other means by which seniors receive reimbursement and other damages after fraud has been established; and "(6) other effective ways to prevent or reduce the occurrence of crimes against seniors." INCLUSION OF SENIORS IN NATIONAL CRIME VICTIMIZATION SURVEY Pub. L. 106-534, Sec. 6, Nov. 22, 2000, 114 Stat. 2557, provided that: "Beginning not later than 2 years after the date of enactment of this Act [Nov. 22, 2000], as part of each National Crime Victimization Survey, the Attorney General shall include statistics relating to - "(1) crimes targeting or disproportionately affecting seniors; "(2) crime risk factors for seniors, including the times and locations at which crimes victimizing seniors are most likely to occur; and "(3) specific characteristics of the victims of crimes who are seniors, including age, gender, race or ethnicity, and socioeconomic status." CRIME VICTIMS WITH DISABILITIES AWARENESS Pub. L. 105-301, Oct. 27, 1998, 112 Stat. 2838, as amended by Pub. L. 106-402, title IV, Sec. 401(b)(10), Oct. 30, 2000, 114 Stat. 1739, provided that: "SECTION 1. SHORT TITLE. "This Act may be cited as the 'Crime Victims With Disabilities Awareness Act'. "SEC. 2. FINDINGS; PURPOSES. "(a) Findings. - Congress finds that - "(1) although research conducted abroad demonstrates that individuals with developmental disabilities are at a 4 to 10 times higher risk of becoming crime victims than those without disabilities, there have been no significant studies on this subject conducted in the United States; "(2) in fact, the National Crime Victim's Survey, conducted annually by the Bureau of Justice Statistics of the Department of Justice, does not specifically collect data relating to crimes against individuals with developmental disabilities; "(3) studies in Canada, Australia, and Great Britain consistently show that victims with developmental disabilities suffer repeated victimization because so few of the crimes against them are reported, and even when they are, there is sometimes a reluctance by police, prosecutors, and judges to rely on the testimony of a disabled individual, making individuals with developmental disabilities a target for criminal predators; "(4) research in the United States needs to be done to - "(A) understand the nature and extent of crimes against individuals with developmental disabilities; "(B) describe the manner in which the justice system responds to crimes against individuals with developmental disabilities; and "(C) identify programs, policies, or laws that hold promises for making the justice system more responsive to crimes against individuals with developmental disabilities; and "(5) the National Academy of Science Committee on Law and Justice of the National Research Council is a premier research institution with unique experience in developing seminal, multidisciplinary studies to establish a strong research base from which to make public policy. "(b) Purposes. - The purposes of this Act are - "(1) to increase public awareness of the plight of victims of crime who are individuals with developmental disabilities; "(2) to collect data to measure the extent of the problem of crimes against individuals with developmental disabilities; and "(3) to develop a basis to find new strategies to address the safety and justice needs of victims of crime who are individuals with developmental disabilities. "SEC. 3. DEFINITION OF DEVELOPMENTAL DISABILITY. "In this Act, the term 'developmental disability' has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15002]. "SEC. 4. STUDY. "(a) In General. - The Attorney General shall conduct a study to increase knowledge and information about crimes against individuals with developmental disabilities that will be useful in developing new strategies to reduce the incidence of crimes against those individuals. "(b) Issues Addressed. - The study conducted under this section shall address such issues as - "(1) the nature and extent of crimes against individuals with developmental disabilities; "(2) the risk factors associated with victimization of individuals with developmental disabilities; "(3) the manner in which the justice system responds to crimes against individuals with developmental disabilities; and "(4) the means by which States may establish and maintain a centralized computer database on the incidence of crimes against individuals with disabilities within a State. "(c) National Academy of Sciences. - In carrying out this section, the Attorney General shall consider contracting with the Committee on Law and Justice of the National Research Council of the National Academy of Sciences to provide research for the study conducted under this section. "(d) Report. - Not later than 18 months after the date of enactment of this Act [Oct. 27, 1998], the Attorney General shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report describing the results of the study conducted under this section. "SEC. 5. NATIONAL CRIME VICTIM'S SURVEY. "Not later than 2 years after the date of enactment of this Act, as part of each National Crime Victim's Survey, the Attorney General shall include statistics relating to - "(1) the nature of crimes against individuals with developmental disabilities; and "(2) the specific characteristics of the victims of those crimes." -End- -CITE- 42 USC Sec. 3733 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER III - BUREAU OF JUSTICE STATISTICS -HEAD- Sec. 3733. Authority for 100 per centum grants -STATUTE- A grant authorized under this subchapter may be up to 100 per centum of the total cost of each project for which such grant is made. The Bureau shall require, whenever feasible as a condition of approval of a grant under this subchapter, that the recipient contribute money, facilities, or services to carry out the purposes for which the grant is sought. -SOURCE- (Pub. L. 90-351, title I, Sec. 303, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1178.) -MISC1- PRIOR PROVISIONS A prior section 3733, Pub. L. 90-351, title I, Sec. 303, June 19, 1968, 82 Stat. 201; Pub. L. 91-644, title I, Sec. 4(5), (6), Jan. 2, 1971, 84 Stat. 1883; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 201; Pub. L. 93-415, title V, Sec. 543, Sept. 7, 1974, 88 Stat. 1142; Pub. L. 94-503, title I, Sec. 111, Oct. 15, 1976, 90 Stat. 2413; Pub. L. 96-181, Sec. 15(b), Jan. 2, 1980, 93 Stat. 1316, set out requirements of State plans in order to qualify for grants for law enforcement and criminal justice purposes, prior to the general amendment of this chapter by Pub. L. 96-157. -End- -CITE- 42 USC Sec. 3734 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER III - BUREAU OF JUSTICE STATISTICS -HEAD- Sec. 3734. Repealed. -MISC1- Sec. 3734. Repealed. Pub. L. 98-473, title II, Sec. 605(c), Oct. 12, 1984, 98 Stat. 2080. Section, Pub. L. 90-351, title I, Sec. 304, as added Pub. L. 96- 157, Sec. 2, Dec. 27, 1979, 93 Stat. 1178, provided for a Bureau of Justice Statistics Advisory Board, including establishment and composition of Board, rules respecting organization and procedure, term of office, duties and functions of Board, and delegation of powers and duties to Director. A prior section 3734, Pub. L. 90-351, title I, Sec. 304, June 19, 1968, 82 Stat. 202; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 203; Pub. L. 94-503, title I, Sec. 112, Oct. 15, 1976, 90 Stat. 2414, related to plans or applications for financial assistance from local government units, prior to the general revision of this chapter by Pub. L. 96-157. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -End- -CITE- 42 USC Sec. 3735 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER III - BUREAU OF JUSTICE STATISTICS -HEAD- Sec. 3735. Use of data -STATUTE- Data collected by the Bureau shall be used only for statistical or research purposes, and shall be gathered in a manner that precludes their use for law enforcement or any purpose relating to a private person or public agency other than statistical or research purposes. -SOURCE- (Pub. L. 90-351, title I, Sec. 304, formerly Sec. 305, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1179; renumbered Sec. 304, Pub. L. 98-473, title II, Sec. 605(d), Oct. 12, 1984, 98 Stat. 2080; amended Pub. L. 109-162, title XI, Sec. 1115(b), Jan. 5, 2006, 119 Stat. 3104.) -MISC1- PRIOR PROVISIONS A prior section 304 of Pub. L. 90-351, as added by Pub. L. 96- 157, was classified to section 3734 of this title prior to repeal by Pub. L. 98-473, title II, Sec. 605(c), Oct. 12, 1984, 98 Stat. 2080. Prior sections 3735 to 3739 were omitted in the general amendment of this chapter by Pub. L. 96-157. Section 3735, Pub. L. 90-351, title I, Sec. 305, June 19, 1968, 82 Stat. 202; Pub. L. 91-644, title I, Sec. 4(7), Jan. 2, 1971, 84 Stat. 1883; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 203, related to reallocation of funds. Section 3736, Pub. L. 90-351, title I, Sec. 306, June 19, 1968, 82 Stat. 202; Pub. L. 91-644, title I, Sec. 4(8), Jan. 2, 1971, 84 Stat. 1883; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 203; Pub. L. 94-503, title I, Sec. 113, Oct. 15, 1976, 90 Stat. 2415, related to allocation of funds. Section 3737, Pub. L. 90-351, title I, Sec. 307, June 19, 1968, 82 Stat. 202; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 204; Pub. L. 94-503, title I, Sec. 114, Oct. 15, 1976, 90 Stat. 2415, related to priority programs and projects. Section 3738, Pub. L. 90-351, title I, Sec. 308, as added Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 204; amended Pub. L. 94-503, title I, Sec. 115, Oct. 15, 1976, 90 Stat. 2415, related to Administration action upon State plans within prescribed time after date of submission. Section 3739, Pub. L. 90-351, title I, Sec. 309, as added Pub. L. 94-503, title I, Sec. 116, Oct. 15, 1976, 90 Stat. 2415, related to assistance and grants to aid State antitrust enforcement. AMENDMENTS 2006 - Pub. L. 109-162 substituted "private person or public agency" for "particular individual". -End- -CITE- 42 USC SUBCHAPTER IV - ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER IV - ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE -HEAD- SUBCHAPTER IV - ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE -MISC1- PRIOR PROVISIONS A prior subchapter IV, consisting of sections 3741 to 3748, related to block grants by Bureau of Justice Assistance, prior to repeal by Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4328. For similar provisions, see part A (Sec. 3750 et seq.) of subchapter V of this chapter. Section 3741, Pub. L. 90-351, title I, Sec. 401, as added Pub. L. 98-473, title II, Sec. 606, Oct. 12, 1984, 98 Stat. 2080; amended Pub. L. 99-570, title I, Sec. 1552(b)(1), Oct. 27, 1986, 100 Stat. 3207-46, related to establishment of Bureau of Justice Assistance, appointment of Director, and authority and restrictions with regard to Director. Section 3742, Pub. L. 90-351, title I, Sec. 402, as added Pub. L. 98-473, title II, Sec. 606, Oct. 12, 1984, 98 Stat. 2080, related to duties and functions of Director. Section 3743, Pub. L. 90-351, title I, Sec. 403, as added Pub. L. 98-473, title II, Sec. 606, Oct. 12, 1984, 98 Stat. 2081, described grant program. Section 3744, Pub. L. 90-351, title I, Sec. 404, as added Pub. L. 98-473, title II, Sec. 606, Oct. 12, 1984, 98 Stat. 2082, authorized Bureau to make financial assistance under this subchapter available to States. Section 3745, Pub. L. 90-351, title I, Sec. 405, as added Pub. L. 98-473, title II, Sec. 606, Oct. 12, 1984, 98 Stat. 2082, related to applications for assistance and contents of applications. Section 3746, Pub. L. 90-351, title I, Sec. 406, as added Pub. L. 98-473, title II, Sec. 606, Oct. 12, 1984, 98 Stat. 2084, related to review of applications. Section 3747, Pub. L. 90-351, title I, Sec. 407, as added Pub. L. 98-473, title II, Sec. 606, Oct. 12, 1984, 98 Stat. 2084, related to allocation and distribution of funds. Section 3748, Pub. L. 90-351, title I, Sec. 408, as added Pub. L. 98-473, title II, Sec. 606, Oct. 12, 1984, 98 Stat. 2085, related to designation of a State office to prepare applications and administer funds. Another prior subchapter IV, consisting of sections 3741 to 3745, related to formula grant program, prior to the general amendment of this subchapter by Pub. L. 98-473. Section 3741, Pub. L. 90-351, title I, Sec. 401, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1179, described formula grant program. Section 3742, Pub. L. 90-351, title I, Sec. 402, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1181, related to eligibility provisions for formula grants. Section 3743, Pub. L. 90-351, title I, Sec. 403, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1187, concerned application requirements for formula grants. Section 3744, Pub. L. 90-351, title I, Sec. 404, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1188, provided for review of applications for formula grants. Section 3745, Pub. L. 90-351, title I, Sec. 405, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1189, provided for allocation and distribution of funds for formula grants. Another prior subchapter IV, consisting of sections 3741 to 3748 and 3750 to 3750d, related to training, education, research, demonstration, and special grants prior to the general amendment of this chapter by Pub. L. 96-157. Section 3741, Pub. L. 90-351, title I, Sec. 401, June 19, 1968, 82 Stat. 203; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 205, set out the Congressional statement of purposes in making provision for training, education, research, demonstration, and special grants. Section 3742, Pub. L. 90-351, title I, Sec. 402, June 19, 1968, 82 Stat. 203; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 205; Pub. L. 94-503, title I, Sec. 117, Oct. 15, 1976, 90 Stat. 2416, provided for creation of a National Institute of Law Enforcement and Criminal Justice. Section 3743, Pub. L. 90-351, title I, Sec. 403, June 19, 1968, 82 Stat. 203; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 206, related to limitations on size of grants and contributions requirements for grants. Section 3744, Pub. L. 90-351, title I, Sec. 404, June 19, 1968, 82 Stat. 204; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 207, provided for Federal Bureau of Investigation law enforcement training programs. Section 3745, Pub. L. 90-351, title I, Sec. 405, June 19, 1968, 82 Stat. 204; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 207, repealed Law Enforcement Assistance Act of 1965 and provided for funds to continue projects started thereunder. Section 3746, Pub. L. 90-351, title I, Sec. 406, June 19, 1968, 82 Stat. 204; Pub. L. 91-644, title I, Sec. 5(1), Jan. 2, 1971, 84 Stat. 1884; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 207, provided for academic educational assistance. Section 3747, Pub. L. 90-351, title I, Sec. 407, formerly Sec. 408, as added Pub. L. 91-644, title I, Sec. 5(2), Jan. 2, 1971, 84 Stat. 1885; renumbered Sec. 407, Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 209, related to administration of training programs for prosecuting attorneys. Another prior section 3747, Pub. L. 90-351, title I, Sec. 407, as added Pub. L. 91-644, title I, Sec. 5(2), Jan. 2, 1971, 84 Stat. 1885, related to Administration law enforcement training program for enforcement personnel, prior to the general amendment of this chapter by section 2 of Pub. L. 93-83. Section 3748, Pub. L. 90-351, title I, Sec. 408, as added Pub. L. 91-644, title I, Sec. 5(2), Jan. 2, 1971, 84 Stat. 1885, was renumbered section 407 of Pub. L. 90-351 by Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 209, and was classified to prior section 3747 of this title. Section 3750, Pub. L. 90-351, title I, Sec. 451, as added Pub. L. 91-644, title I, Sec. 6(a), Jan. 2, 1971, 84 Stat. 1885; amended Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 209, set out Congressional statement of purpose in providing a system of grants for correctional institutions and facilities. Section 3750a, Pub. L. 90-351, title I, Sec. 452, as added Pub. L. 91-644, title I, Sec. 6(a), Jan. 2, 1971, 84 Stat. 1885; amended Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 209, related to applications for grants and their incorporation into comprehensive State plans. Section 3750b, Pub. L. 90-351, title I, Sec. 453, as added Pub. L. 91-644, title I, Sec. 6(a), Jan. 2, 1971, 84 Stat. 1886; amended Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 209; Pub. L. 94-503, title I, Sec. 118, Oct. 15, 1976, 90 Stat. 2417, set out required contents of an application for a grant for correctional institutions and facilities. Section 3750c, Pub. L. 90-351, title I, Sec. 454, as added Pub. L. 91-644, title I, Sec. 6(a), Jan. 2, 1971, 84 Stat. 1886; amended Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 210; Pub. L. 94-237, Sec. 4(c)(5)(C), Mar. 19, 1976, 90 Stat. 244, set out guidelines and basic criteria for applicants and grantees. Section 3750d, Pub. L. 90-351, title I, Sec. 455, as added Pub. L. 91-644, title I, Sec. 6(a), Jan. 2, 1971, 84 Stat. 1886; amended Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 210; Pub. L. 94-503, title I, Sec. 119(a), Oct. 15, 1976, 90 Stat. 2417, related to allocation and reallocation of funds. -End- -CITE- 42 USC Sec. 3741 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER IV - ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE -HEAD- Sec. 3741. Establishment of Bureau of Justice Assistance -STATUTE- (a) There is established within the Department of Justice, under the general authority of the Attorney General, a Bureau of Justice Assistance (hereafter in this subchapter referred to as the "Bureau"). (b) The Bureau shall be headed by a Director (hereafter in this subchapter referred to as the "Director") who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall report to the Attorney General through the Assistant Attorney General. The Director shall have final authority for all grants, cooperative agreements, and contracts awarded by the Bureau. The Director shall not engage in any employment other than that of serving as the Director, nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Bureau makes any contract or other arrangement under this chapter. -SOURCE- (Pub. L. 90-351, title I, Sec. 401, as added Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4328.) -MISC1- PRIOR PROVISIONS For prior sections 401 of Pub. L. 90-351 and prior sections 3741 of this title, see note set out preceding this section. -TRANS- TRANSFER OF FUNCTIONS Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 108(b)], Nov. 29, 1999, 113 Stat. 1535, 1501A-20, provided that: "Notwithstanding any other provision of law, effective August 1, 2000, all functions of the Director of the Bureau of Justice Assistance, other than those enumerated in the Omnibus Crime Control and Safe Streets Act, as amended, 42 U.S.C. 3742(3) through (6), are transferred to the Assistant Attorney General for the Office of Justice Programs." -End- -CITE- 42 USC Sec. 3742 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER IV - ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE -HEAD- Sec. 3742. Duties and functions of Director -STATUTE- The Director shall have the following duties: (1) Providing funds to eligible States, units of local government, and nonprofit organizations pursuant to subchapters V and XII-B of this chapter. (2) Establishing programs in accordance with part B of subchapter V of this chapter and, following public announcement of such programs, awarding and allocating funds and technical assistance in accordance with the criteria of part B of subchapter V of this chapter, and on terms and conditions determined by the Director to be consistent with part B of subchapter V of this chapter. (3) Cooperating with and providing technical assistance to States, units of local government, and other public and private organizations or international agencies involved in criminal justice activities. (4) Providing for the development of technical assistance and training programs for State and local criminal justice agencies and fostering local participation in such activities. (5) Encouraging the targeting of State and local resources on efforts to reduce the incidence of drug abuse and crime and on programs relating to the apprehension and prosecution of drug offenders. (6) Establishing and carrying on a specific and continuing program of cooperation with the States and units of local government designed to encourage and promote consultation and coordination concerning decisions made by the Bureau affecting State and local drug control and criminal justice priorities. (7) Preparing recommendations on the State and local drug enforcement component of the National Drug Control Strategy which shall be submitted to the Associate Director of the Office on National Drug Control Policy. In making such recommendations, the Director shall review the statewide strategies submitted by such States under subchapter V of this chapter, and shall obtain input from State and local drug enforcement officials. The recommendations made under this paragraph shall be provided at such time and in such form as the Director of National Drug Control Policy shall require. (8) Exercising such other powers and functions as may be vested in the Director pursuant to this chapter or by delegation of the Attorney General or Assistant Attorney General. -SOURCE- (Pub. L. 90-351, title I, Sec. 402, as added Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4328; amended Pub. L. 101-647, title II, Sec. 241(b)(1), Nov. 29, 1990, 104 Stat. 4813.) -MISC1- PRIOR PROVISIONS For prior sections 402 of Pub. L. 90-351 and prior sections 3742 of this title, see note set out preceding section 3741 of this title. AMENDMENTS 1990 - Par. (1). Pub. L. 101-647 substituted "subchapters V and XII-B" for "subchapter V". -TRANS- TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in pars. (3) to (6) of this section, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, Sec. 108(b)] of Pub. L. 106-113, set out as a note under section 3741 of this title. -End- -CITE- 42 USC Sec. 3743 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER IV - ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE -HEAD- Sec. 3743. Grants for young witness assistance -STATUTE- (a) In general The Director of the Bureau of Justice Assistance of the Office of Justice Programs may make grants to State and local prosecutors and law enforcement agencies in support of juvenile and young adult witness assistance programs. (b) Use of funds Grants made available under this section may be used - (1) to assess the needs of juvenile and young adult witnesses; (2) to develop appropriate program goals and objectives; and (3) to develop and administer a variety of witness assistance services, which includes - (A) counseling services to young witnesses dealing with trauma associated in witnessing a violent crime; (B) pre- and post-trial assistance for the youth and their family; (C) providing education services if the child is removed from or changes their school for safety concerns; (D) protective services for young witnesses and their families when a serious threat of harm from the perpetrators or their associates is made; and (E) community outreach and school-based initiatives that stimulate and maintain public awareness and support. (c) Definitions In this section: (1) The term "juvenile" means an individual who is age 17 or younger. (2) The term "young adult" means an individual who is age 21 or younger but not a juvenile. (3) The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2006 through 2009. -SOURCE- (Pub. L. 109-162, title XI, Sec. 1136, Jan. 5, 2006, 119 Stat. 3109; Pub. L. 109-271, Sec. 8(c), Aug. 12, 2006, 120 Stat. 766.) -COD- CODIFICATION Section was enacted as part of the Violence Against Women and Department of Justice Reauthorization Act of 2005, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. -MISC1- PRIOR PROVISIONS For prior sections 3743 of this title, see note set out preceding section 3741 of this title. AMENDMENTS 2006 - Subsec. (a). Pub. L. 109-271 substituted "The Director of the Bureau of Justice Assistance of the Office of Justice Programs may" for "The Attorney General, acting through the Bureau of Justice Assistance, may". -End- -CITE- 42 USC SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS -HEAD- SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS -MISC1- PRIOR PROVISIONS A prior subchapter V, consisting of sections 3761 to 3766, related to discretionary grants, prior to repeal by Pub. L. 100- 690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4328. Section 3761, Pub. L. 90-351, title I, Sec. 501, formerly Sec. 601, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1195; renumbered Sec. 501 and amended Pub. L. 98-473, title II, Sec. 608(a), Oct. 12, 1984, 98 Stat. 2086, related to Congressional statement of purpose regarding discretionary grants. Section 3762, Pub. L. 90-351, title I, Sec. 502, formerly Sec. 602, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1195; renumbered Sec. 502 and amended Pub. L. 98-473, title II, Sec. 608(a), Oct. 12, 1984, 98 Stat. 2086, related to percentage of appropriation for discretionary grant program. Section 3763, Pub. L. 90-351, title I, Sec. 503, formerly Sec. 603, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1196; renumbered Sec. 503 and amended Pub. L. 98-473, title II, Sec. 608(a), Oct. 12, 1984, 98 Stat. 2086, related to procedure for establishing discretionary programs. Section 3764, Pub. L. 90-351, title I, Sec. 504, formerly Sec. 604, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1197; renumbered Sec. 504 and amended Pub. L. 98-473, title II, Sec. 608(b), (f), Oct. 12, 1984, 98 Stat. 2087, related to application requirements for discretionary grants. Section 3765, Pub. L. 90-351, title I, Sec. 505, formerly Sec. 605, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1197; renumbered Sec. 505 and amended Pub. L. 98-473, title II, Sec. 608(c), Oct. 12, 1984, 98 Stat. 2087, related to criteria for award. Section 3766, Pub. L. 90-351, title I, Sec. 506, formerly Sec. 606, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1197; renumbered Sec. 506 and amended Pub. L. 98-473, title II, Sec. 608(d), Oct. 12, 1984, 98 Stat. 2087, related to period for award of discretionary grants. Another prior subchapter V, consisting of sections 3751 to 3755, related to national priority grants, prior to repeal by Pub. L. 98- 473, title II, Sec. 607, Oct. 12, 1984, 98 Stat. 2086. Section 3751, Pub. L. 90-351, title I, Sec. 501, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1192, set out Congressional statement of purpose of national priority grants. Section 3752, Pub. L. 90-351, title I, Sec. 502, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1192, prescribed percentage of appropriation for national priority grant program. Section 3753, Pub. L. 90-351, title I, Sec. 503, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1192, prescribed procedure for designating national priority programs, including periodic and joint designations by Director of Office of Justice Assistance, Research, and Statistics and Administrator of Law Enforcement Assistance Administration and requests to outside agencies for suggestions. Section 3754, Pub. L. 90-351, title I, Sec. 504, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1193, prescribed application requirements, including contents of applications, certifications, review by State criminal justice councils, and private nonprofit organizations. Section 3755, Pub. L. 90-351, title I, Sec. 505, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1194, set out criteria for award of national priority grants, including establishment of reasonable requirements, maximum per centum of grant funds, funds reserved or set aside but not used in the fiscal year, and three- year period for financial aid and assistance and extension or renewal of period. Another prior subchapter V, consisting of sections 3751 to 3774, related to administrative provisions, prior to the general amendment of this chapter by Pub. L. 96-157. Section 3751, Pub. L. 90-351, title I, Sec. 501, June 19, 1968, 82 Stat. 205; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 211; Pub. L. 94-503, title I, Sec. 120, Oct. 15, 1976, 90 Stat. 2418, related to administrative rules, regulations, and procedures. Section 3752, Pub. L. 90-351, title I, Sec. 502, June 19, 1968, 82 Stat. 205; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 211, made provision for delegation of functions of Law Enforcement Assistance Administration to other officers of Department of Justice. Section 3753, Pub. L. 90-351, title I, Sec. 503, June 19, 1968, 82 Stat. 205; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 211, required specific Congressional authorization to transfer functions, powers, and duties of Law Enforcement Assistance Administration within the Department of Justice. Section 3754, Pub. L. 90-351, title I, Sec. 504, June 19, 1968, 82 Stat. 205; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 211, provided for place for holding of hearings, signing and issuance of subpenas, administering of oaths, the examination of witnesses, and reception of evidence by Administration personnel. A prior section 505 of Pub. L. 90-351, title I, June 19, 1968, 82 Stat. 205, amended section 5315 of Title 5, Government Organization and Employees. Section 3755, Pub. L. 90-351, title I, Sec. 507, June 19, 1968, 82 Stat. 205; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 211; Pub. L. 94-503, title I, Secs. 119(b), 121, Oct. 15, 1976, 90 Stat. 2417, 2418, related to officers, employees, and hearing examiners. Section 3756, Pub. L. 90-351, title I, Sec. 508, June 19, 1968, 82 Stat. 205; Pub. L. 91-644, title I, Sec. 7(3), Jan. 2, 1971, 84 Stat. 1887; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 211, related to use of services, equipment, personnel, and facilities of other Federal agencies. Section 3757, Pub. L. 90-351, title I, Sec. 509, June 19, 1968, 82 Stat. 206; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 211; Pub. L. 94-503, title I, Sec. 122(a), Oct. 15, 1976, 90 Stat. 2418, provided for withholding of payments for noncompliance with certain requirements and for notice and hearing in event of such withholding of payments. Section 3758, Pub. L. 90-351, title I, Sec. 510, June 19, 1968, 82 Stat. 206; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 212, made provision for administrative proceedings. Section 3759, Pub. L. 90-351, title I, Sec. 511, June 19, 1968, 82 Stat. 206; Pub. L. 90-351, title I, Sec. 511, June 19, 1968, 82 Stat. 206; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 212, provided for judicial review. Section 3760, Pub. L. 90-351, title I, Sec. 512, June 19, 1968, 82 Stat. 207; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 213, authorized Administration to carry out programs provided for under this chapter during fiscal year ending June 30, 1974, and two succeeding fiscal years, prior to repeal by Pub. L. 94-503, title I, Sec. 123, Oct. 15, 1976, 90 Stat. 2419. Section 3761, Pub. L. 90-351, title I, Sec. 513, June 19, 1968, 82 Stat. 207; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 213, provided for coordination of law enforcement assistance and related Federal programs. Section 3762, Pub. L. 90-351, title I, Sec. 514, June 19, 1968, 82 Stat. 207; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 213, provided for reimbursement of Federal agencies. Section 3763, Pub. L. 90-351, title I, Sec. 515, June 19, 1968, 82 Stat. 207; Pub. L. 91-644, title I, Sec. 7(4), Jan. 2, 1971, 84 Stat. 1887; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 213; Pub. L. 94-503, title I, Sec. 124, Oct. 15, 1976, 90 Stat. 2421, provided for functions, powers, and duties of Law Enforcement Assistance Administration. Section 3764, Pub. L. 90-351, title I, Sec. 516, June 19, 1968, 82 Stat. 207; Pub. L. 91-644, title I, Sec. 7(5), Jan. 2, 1971, 84 Stat. 1887; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 213, provided for making of payments under this chapter. Section 3765, Pub. L. 90-351, title I, Sec. 517, June 19, 1968, 82 Stat. 207; Pub. L. 91-644, title I, Sec. 7(6), Jan. 2, 1971, 84 Stat. 1887; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 213, provided for personnel of Administration. Section 3766, Pub. L. 90-351, title I, Sec. 518, June 19, 1968, 82 Stat. 208; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 214; Pub. L. 94-503, title I, Sec. 122(b), Oct. 15, 1976, 90 Stat. 2418, prohibited certain constructions of provisions of this chapter. Section 3767, Pub. L. 90-351, title I, Sec. 519, June 19, 1968, 82 Stat. 208; Pub. L. 91-644, title I, Sec. 7(7), Jan. 2, 1971, 84 Stat. 1888; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 214; Pub. L. 94-273, Sec. 5(5), Apr. 21, 1976, 90 Stat. 377; Pub. L. 94-503, title I, Sec. 125, Oct. 15, 1976, 90 Stat. 2422; Pub. L. 95-115, Sec. 9(a), Oct. 3, 1977, 91 Stat. 1060, related to annual reports to President and Congress. Section 3768, Pub. L. 90-351, title I, Sec. 520, June 19, 1968, 82 Stat. 208; Pub. L. 90-462, Sec. 1, Aug. 8, 1968, 82 Stat. 638; Pub. L. 91-644, title I, Sec. 7(8), Jan. 2, 1971, 84 Stat. 1888; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 214; Pub. L. 93-415, title V, Sec. 544, Sept. 7, 1974, 88 Stat. 1142; Pub. L. 94-430, Sec. 3, Sept. 29, 1976, 90 Stat. 1348; Pub. L. 94-503, title I, Sec. 126, Oct. 15, 1976, 90 Stat. 2423, related to authorization of appropriations. Section 3769, Pub. L. 90-351, title I, Sec. 521, June 19, 1968, 82 Stat. 208; Pub. L. 91-644, title I, Sec. 7(9), Jan. 2, 1971, 84 Stat. 1888; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 215; Pub. L. 94-503, title I, Secs. 127, 128(a), Oct. 15, 1976, 90 Stat. 2424, related to recordkeeping requirements. Section 3770, Pub. L. 90-351, title I, Sec. 523, as added Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 215, provided for use of unobligated Federal funds for 90 percent of costs. Section 3771 of this title, Pub. L. 90-351, title I, Sec. 524, as added Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 215, related to availability of information for prescribed purposes. Section 3772 of this title, Pub. L. 90-351, title I, Sec. 526, as added Pub. L. 93-415, title V, Sec. 545, Sept. 7, 1974, 88 Stat. 1143, related to acceptance of volunteer services. Section 3773 of this title, Pub. L. 90-351, title I, Sec. 527, as added Pub. L. 93-415, title V, Sec. 545, Sept. 7, 1974, 88 Stat. 1143, related to administration of juvenile delinquency programs by Office of Juvenile Justice and Delinquency Prevention. Section 3774 of this title, Pub. L. 90-351, title I, Sec. 528, as added Pub. L. 93-415, title V, Sec. 545, Sept. 7, 1974, 88 Stat. 1143, authorized employment of personnel by Law Enforcement Assistance Administration. -End- -CITE- 42 USC Part A - Edward Byrne Memorial Justice Assistance Grant Program 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part A - Edward Byrne Memorial Justice Assistance Grant Program -HEAD- PART A - EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM -MISC1- PRIOR PROVISIONS A prior part A, consisting of sections 3751 to 3759, related to the drug control and system improvement grant program, prior to repeal by Pub. L. 109-162, title XI, Sec. 1111(a)(1), (d), Jan. 5, 2006, 119 Stat. 3094, 3102, applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter. Section 3751, Pub. L. 90-351, title I, Sec. 501, as added and amended Pub. L. 100-690, title V, Sec. 5104, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4301, 4329; Pub. L. 101-647, title VI, Sec. 601(b), Nov. 29, 1990, 104 Stat. 4823; Pub. L. 103- 322, title X, Sec. 100003, title XIV, Sec. 140004, title XV, Sec. 150003, title XXI, Sec. 210302(a), Sept. 13, 1994, 108 Stat. 1996, 2032, 2035, 2065; Pub. L. 104-132, title VIII, Sec. 822(a), Apr. 24, 1996, 110 Stat. 1317; Pub. L. 106-177, title I, Sec. 103, Mar. 10, 2000, 114 Stat. 35; Pub. L. 106-310, div. B, title XXXVI, Sec. 3621(b), Oct. 17, 2000, 114 Stat. 1231; Pub. L. 106-561, Sec. 2(a), Dec. 21, 2000, 114 Stat. 2787, related to description of drug control and system improvement grant program. Section 3752, Pub. L. 90-351, title I, Sec. 502, as added Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4331, related to eligibility of a State for financial assistance. Section 3753, Pub. L. 90-351, title I, Sec. 503, as added Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4331; amended Pub. L. 101-649, title V, Sec. 507(a), Nov. 29, 1990, 104 Stat. 5050; Pub. L. 102-232, title III, Sec. 306(a)(6), Dec. 12, 1991, 105 Stat. 1751; Pub. L. 103-322, title XXI, Sec. 210302(b), Sept. 13, 1994, 108 Stat. 2065; Pub. L. 106-546, Sec. 8(a), Dec. 19, 2000, 114 Stat. 2734; Pub. L. 106-561, Sec. 2(b), Dec. 21, 2000, 114 Stat. 2787; Pub. L. 107-273, div. B, title V, Sec. 5001(a), Nov. 2, 2002, 116 Stat. 1813, related to State applications. See section 3752 of this title. Section 3754, Pub. L. 90-351, title I, Sec. 504, as added Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4333; amended Pub. L. 101-162, title II, Sec. 211, Nov. 21, 1989, 103 Stat. 1006; Pub. L. 101-515, title II, Sec. 207, Nov. 5, 1990, 104 Stat. 2119; Pub. L. 101-647, title VI, Sec. 601(a), Nov. 29, 1990, 104 Stat. 4823; Pub. L. 102-140, title I, Secs. 108, 109, Oct. 28, 1991, 105 Stat. 794; Pub. L. 103-322, title XV, Sec. 150009, Sept. 13, 1994, 108 Stat. 2036; Pub. L. 107-273, div. A, title II, Sec. 203(a)(1), Nov. 2, 2002, 116 Stat. 1775, related to grant limitations. Section 3755, Pub. L. 90-351, title I, Sec. 505, as added Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4333, related to review of State applications. Section 3756, Pub. L. 90-351, title I, Sec. 506, as added Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4334; amended Pub. L. 101-162, title II, Sec. 212, Nov. 21, 1989, 103 Stat. 998, 1006; Pub. L. 101-302, title III, Sec. 320(c)(1), May 25, 1990, 104 Stat. 248; Pub. L. 101-647, title XVIII, Sec. 1804, Nov. 29, 1990, 104 Stat. 4851; Pub. L. 103-322, title XXXIII, Sec. 330001(a), Sept. 13, 1994, 108 Stat. 2138; Pub. L. 107-273, div. A, title II, Sec. 203(a)(2), Nov. 2, 2002, 116 Stat. 1775, related to allocation and distribution of funds under formula grants. See section 3755(a) of this title. Section 3757, Pub. L. 90-351, title I, Sec. 507, as added Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4335, related to designation and purposes of a State office. Section 3758, Pub. L. 90-351, title I, Sec. 508, as added Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4335, related to distribution of grants to local government. Section 3759, Pub. L. 90-351, title I, Sec. 509, as added Pub. L. 101-647, title XVIII, Sec. 1803(a), Nov. 29, 1990, 104 Stat. 4850; amended Pub. L. 103-159, title I, Sec. 106(a), Nov. 30, 1993, 107 Stat. 1543; Pub. L. 103-209, Sec. 4(a), Dec. 20, 1993, 107 Stat. 2493, related to improvement of criminal justice records. -End- -CITE- 42 USC Sec. 3750 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part A - Edward Byrne Memorial Justice Assistance Grant Program -HEAD- Sec. 3750. Name of program -STATUTE- (a) In general The grant program established under this part shall be known as the "Edward Byrne Memorial Justice Assistance Grant Program". (b) References to former programs (1) Any reference in a law, regulation, document, paper, or other record of the United States to the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, or to the Local Government Law Enforcement Block Grants program, shall be deemed to be a reference to the grant program referred to in subsection (a) of this section. (2) Any reference in a law, regulation, document, paper, or other record of the United States to section 3756 of this title as such section was in effect on the date of the enactment of the Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009,(!1) shall be deemed to be a reference to section 3755(a) of this title as amended by the Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009.(!1) -SOURCE- (Pub. L. 90-351, title I, Sec. 500, as added Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4329; amended Pub. L. 109-162, title XI, Sec. 1111(a)(2)(B), Jan. 5, 2006, 119 Stat. 3094.) -REFTEXT- REFERENCES IN TEXT The Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009, referred to in subsec. (b)(2), probably means the Violence Against Women and Department of Justice Reauthorization Act of 2005, Pub. L. 109-162, Jan. 5, 2006, 119 Stat. 2960, which repealed section 3756 of this title and enacted section 3755 of this title. -MISC1- PRIOR PROVISIONS Prior sections 3750a to 3750d were repealed by Pub. L. 109-162, title XI, Sec. 1111(b)(2), (d), Jan. 5, 2006, 119 Stat. 3101, 3102, applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter. Section 3750a, Pub. L. 102-519, title I, Sec. 130, Oct. 25, 1992, 106 Stat. 3386, related to the purpose of former sections 3750a to 3750d, to supplement the provisions of the Edward Byrne Memorial State and Local Law Enforcement Assistance Program to help States to curb motor vehicle thefts and related violence, and authorization of grants to Anti Car Theft Committees. Section 3750b, Pub. L. 102-519, title I, Sec. 131, Oct. 25, 1992, 106 Stat. 3386, related to application for grants. Section 3750c, Pub. L. 102-519, title I, Sec. 132, Oct. 25, 1992, 106 Stat. 3387, related to award of grants. Section 3750d, Pub. L. 102-519, title I, Sec. 133, Oct. 25, 1992, 106 Stat. 3387, related to authorization of appropriations. For other prior sections 3750 to 3750d of this title, see note set out preceding section 3741 of this title. AMENDMENTS 2006 - Pub. L. 109-162 substituted "Name of program" for "Name of programs" in section catchline and amended text generally. Prior to amendment, text read as follows: "The grant programs established under this subchapter shall be known as the 'Edward Byrne Memorial State and Local Law Enforcement Assistance Programs'." EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109-162, title XI, Sec. 1111(d), Jan. 5, 2006, 119 Stat. 3102, provided that: "The amendments made by this section [enacting sections 3751 to 3758 of this title, amending this section and sections 3763, 3766, 3766b, 3782, 3789, 3791, 3796bb-1, 3796cc-1, 3796dd-1, 3796ff-1, and 14601 of this title, and repealing sections 3750a to 3750d, former sections 3751 to 3759, and sections 3760 to 3762 of this title] shall apply with respect to the first fiscal year beginning after the date of the enactment of this Act [Jan. 5, 2006] and each fiscal year thereafter." -FOOTNOTE- (!1) See References in Text notes below. -End- -CITE- 42 USC Sec. 3751 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part A - Edward Byrne Memorial Justice Assistance Grant Program -HEAD- Sec. 3751. Description -STATUTE- (a) Grants authorized (1) In general From amounts made available to carry out this part, the Attorney General may, in accordance with the formula established under section 3755 of this title, make grants to States and units of local government, for use by the State or unit of local government to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice, including for any one or more of the following programs: (A) Law enforcement programs. (B) Prosecution and court programs. (C) Prevention and education programs. (D) Corrections and community corrections programs. (E) Drug treatment and enforcement programs. (F) Planning, evaluation, and technology improvement programs. (G) Crime victim and witness programs (other than compensation). (2) Rule of construction Paragraph (1) shall be construed to ensure that a grant under that paragraph may be used for any purpose for which a grant was authorized to be used under either or both of the programs specified in section 3750(b) of this title, as those programs were in effect immediately before January 5, 2006. (b) Contracts and subawards A State or unit of local government may, in using a grant under this part for purposes authorized by subsection (a) of this section, use all or a portion of that grant to contract with or make one or more subawards to one or more - (1) neighborhood or community-based organizations that are private and nonprofit; or (2) units of local government. (c) Program assessment component; waiver (1) Each program funded under this part shall contain a program assessment component, developed pursuant to guidelines established by the Attorney General, in coordination with the National Institute of Justice. (2) The Attorney General may waive the requirement of paragraph (1) with respect to a program if, in the opinion of the Attorney General, the program is not of sufficient size to justify a full program assessment. (d) Prohibited uses Notwithstanding any other provision of this Act, no funds provided under this part may be used, directly or indirectly, to provide any of the following matters: (1) Any security enhancements or any equipment to any nongovernmental entity that is not engaged in criminal justice or public safety. (2) Unless the Attorney General certifies that extraordinary and exigent circumstances exist that make the use of such funds to provide such matters essential to the maintenance of public safety and good order - (A) vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft (excluding police helicopters); (B) luxury items; (C) real estate; (D) construction projects (other than penal or correctional institutions); or (E) any similar matters. (e) Administrative costs Not more than 10 percent of a grant made under this part may be used for costs incurred to administer such grant. (f) Period The period of a grant made under this part shall be four years, except that renewals and extensions beyond that period may be granted at the discretion of the Attorney General. (g) Rule of construction Subparagraph (d)(1) shall not be construed to prohibit the use, directly or indirectly, of funds provided under this part to provide security at a public event, such as a political convention or major sports event, so long as such security is provided under applicable laws and procedures. -SOURCE- (Pub. L. 90-351, title I, Sec. 501, as added Pub. L. 109-162, title XI, Sec. 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3095; amended Pub. L. 109-271, Sec. 8(h), Aug. 12, 2006, 120 Stat. 767.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (d), is Pub. L. 90-351, June 19, 1968, 82 Stat. 197, as amended, known as the Omnibus Crime Control and Safe Streets Act of 1968. For complete classification of this Act to the Code, see Short Title note set out under section 3711 of this title and Tables. -MISC1- PRIOR PROVISIONS For prior sections 501 of Pub. L. 90-351 and prior sections 3751 of this title, see notes set out preceding section 3750 of this title. AMENDMENTS 2006 - Subsec. (b)(3). Pub. L. 109-271 struck out par. (3) which read as follows: "tribal governments." EFFECTIVE DATE Section applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109-162, set out as an Effective Date of 2006 Amendment note under section 3750 of this title. -End- -CITE- 42 USC Sec. 3752 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part A - Edward Byrne Memorial Justice Assistance Grant Program -HEAD- Sec. 3752. Applications -STATUTE- To request a grant under this part, the chief executive officer of a State or unit of local government shall submit an application to the Attorney General within 120 days after the date on which funds to carry out this part are appropriated for a fiscal year, in such form as the Attorney General may require. Such application shall include the following: (1) A certification that Federal funds made available under this part will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. (2) An assurance that, not fewer than 30 days before the application (or any amendment to the application) was submitted to the Attorney General, the application (or amendment) was submitted for review to the governing body of the State or unit of local government (or to an organization designated by that governing body). (3) An assurance that, before the application (or any amendment to the application) was submitted to the Attorney General - (A) the application (or amendment) was made public; and (B) an opportunity to comment on the application (or amendment) was provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or established procedure makes such an opportunity available. (4) An assurance that, for each fiscal year covered by an application, the applicant shall maintain and report such data, records, and information (programmatic and financial) as the Attorney General may reasonably require. (5) A certification, made in a form acceptable to the Attorney General and executed by the chief executive officer of the applicant (or by another officer of the applicant, if qualified under regulations promulgated by the Attorney General), that - (A) the programs to be funded by the grant meet all the requirements of this part; (B) all the information contained in the application is correct; (C) there has been appropriate coordination with affected agencies; and (D) the applicant will comply with all provisions of this part and all other applicable Federal laws. -SOURCE- (Pub. L. 90-351, title I, Sec. 502, as added Pub. L. 109-162, title XI, Sec. 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3096; amended Pub. L. 109-271, Sec. 8(i), Aug. 12, 2006, 120 Stat. 767.) -MISC1- PRIOR PROVISIONS For prior sections 502 of Pub. L. 90-351 and prior sections 3752 of this title, see notes set out preceding section 3750 of this title. AMENDMENTS 2006 - Pub. L. 109-271 substituted "120 days" for "90 days" in introductory provisions. EFFECTIVE DATE Section applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109-162, set out as an Effective Date of 2006 Amendment note under section 3750 of this title. -End- -CITE- 42 USC Sec. 3753 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part A - Edward Byrne Memorial Justice Assistance Grant Program -HEAD- Sec. 3753. Review of applications -STATUTE- The Attorney General shall not finally disapprove any application (or any amendment to that application) submitted under this part without first affording the applicant reasonable notice of any deficiencies in the application and opportunity for correction and reconsideration. -SOURCE- (Pub. L. 90-351, title I, Sec. 503, as added Pub. L. 109-162, title XI, Sec. 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3097.) -MISC1- PRIOR PROVISIONS For prior sections 503 of Pub. L. 90-351 and prior sections 3753 of this title, see notes set out preceding section 3750 of this title. EFFECTIVE DATE Section applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109-162, set out as an Effective Date of 2006 Amendment note under section 3750 of this title. -End- -CITE- 42 USC Sec. 3754 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part A - Edward Byrne Memorial Justice Assistance Grant Program -HEAD- Sec. 3754. Rules -STATUTE- The Attorney General shall issue rules to carry out this part. The first such rules shall be issued not later than one year after the date on which amounts are first made available to carry out this part. -SOURCE- (Pub. L. 90-351, title I, Sec. 504, as added Pub. L. 109-162, title XI, Sec. 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3097.) -MISC1- PRIOR PROVISIONS For prior sections 504 of Pub. L. 90-351 and prior sections 3754 of this title, see notes set out preceding section 3750 of this title. EFFECTIVE DATE Section applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109-162, set out as an Effective Date of 2006 Amendment note under section 3750 of this title. -End- -CITE- 42 USC Sec. 3755 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part A - Edward Byrne Memorial Justice Assistance Grant Program -HEAD- Sec. 3755. Formula -STATUTE- (a) Allocation among States (1) In general Of the total amount appropriated for this part, the Attorney General shall, except as provided in paragraph (2), allocate - (A) 50 percent of such remaining amount to each State in amounts that bear the same ratio of - (i) the total population of a State to - (ii) the total population of the United States; and (B) 50 percent of such remaining amount to each State in amounts that bear the same ratio of - (i) the average annual number of part 1 violent crimes of the Uniform Crime Reports of the Federal Bureau of Investigation reported by such State for the three most recent years reported by such State to - (ii) the average annual number of such crimes reported by all States for such years. (2) Minimum allocation If carrying out paragraph (1) would result in any State receiving an allocation less than 0.25 percent of the total amount (in this paragraph referred to as a "minimum allocation State"), then paragraph (1), as so carried out, shall not apply, and the Attorney General shall instead - (A) allocate 0.25 percent of the total amount to each State; and (B) using the amount remaining after carrying out subparagraph (A), carry out paragraph (1) in a manner that excludes each minimum allocation State, including the population of and the crimes reported by such State. (b) Allocation between States and units of local government Of the amounts allocated under subsection (a) of this section - (1) 60 percent shall be for direct grants to States, to be allocated under subsection (c) of this section; and (2) 40 percent shall be for grants to be allocated under subsection (d) of this section. (c) Allocation for State governments (1) In general Of the amounts allocated under subsection (b)(1) of this section, each State may retain for the purposes described in section 3751 of this title an amount that bears the same ratio of - (A) total expenditures on criminal justice by the State government in the most recently completed fiscal year to - (B) the total expenditure on criminal justice by the State government and units of local government within the State in such year. (2) Remaining amounts Except as provided in subsection (e)(1) of this section, any amounts remaining after the allocation required by paragraph (1) shall be made available to units of local government by the State for the purposes described in section 3751 of this title. (d) Allocations to local governments (1) In general Of the amounts allocated under subsection (b)(2) of this section, grants for the purposes described in section 3751 of this title shall be made directly to units of local government within each State in accordance with this subsection, subject to subsection (e) of this section. (2) Allocation (A) In general From the amounts referred to in paragraph (1) with respect to a State (in this subsection referred to as the "local amount"), the Attorney General shall allocate to each unit of local government an amount which bears the same ratio to such share as the average annual number of part 1 violent crimes reported by such unit to the Federal Bureau of Investigation for the 3 most recent calendar years for which such data is available bears to the number of part 1 violent crimes reported by all units of local government in the State in which the unit is located to the Federal Bureau of Investigation for such years. (B) Transitional rule Notwithstanding subparagraph (A), for fiscal years 2006, 2007, and 2008, the Attorney General shall allocate the local amount to units of local government in the same manner that, under the Local Government Law Enforcement Block Grants program in effect immediately before January 5, 2006, the reserved amount was allocated among reporting and nonreporting units of local government. (3) Annexed units If a unit of local government in the State 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 such unit of local government to the unit of local government that annexed it. (4) Resolution of disparate allocations (A) Notwithstanding any other provision of this part, if - (i) the Attorney General certifies that a unit of local government bears more than 50 percent of the costs of prosecution or incarceration that arise with respect to part 1 violent crimes reported by a specified geographically constituent unit of local government; and (ii) but for this paragraph, the amount of funds allocated under this section to - (I) any one such specified geographically constituent unit of local government exceeds 150 percent of the amount allocated to the unit of local government certified pursuant to clause (i); or (II) more than one such specified geographically constituent unit of local government exceeds 400 percent of the amount allocated to the unit of local government certified pursuant to clause (i), then in order to qualify for payment under this subsection, the unit of local government certified pursuant to clause (i), together with any such specified geographically constituent units of local government described in clause (ii), shall submit to the Attorney General a joint application for the aggregate of funds allocated to such units of local government. Such application shall specify the amount of such funds that are to be distributed to each of the units of local government and the purposes for which such funds are to be used. The units of local government involved may establish a joint local advisory board for the purposes of carrying out this paragraph. (B) In this paragraph, the term "geographically constituent unit of local government" means a unit of local government that has jurisdiction over areas located within the boundaries of an area over which a unit of local government certified pursuant to clause (i) has jurisdiction. (e) Limitation on allocations to units of local government (1) Maximum allocation No unit of local government shall receive a total allocation under this section that exceeds such unit's total expenditures on criminal justice services for the most recently completed fiscal year for which data are available. Any amount in excess of such total expenditures shall be allocated proportionally among units of local government whose allocations under this section do not exceed their total expenditures on such services. (2) Allocations under $10,000 If the allocation under this section to a unit of local government is less than $10,000 for any fiscal year, the direct grant to the State under subsection (c) of this section shall be increased by the amount of such allocation, to be distributed (for the purposes described in section 3751 of this title) among State police departments that provide criminal justice services to units of local government and units of local government whose allocation under this section is less than $10,000. (3) Non-reporting units No allocation under this section shall be made to a unit of local government that has not reported at least three years of data on part 1 violent crimes of the Uniform Crime Reports to the Federal Bureau of Investigation within the immediately preceding 10 years. (f) Funds not used by the State If the Attorney General determines, on the basis of information available during any grant period, that any allocation (or portion thereof) under this section to a State for such grant period will not be required, or that a State will be unable to qualify or receive funds under this part, or that a State chooses not to participate in the program established under this part, then such State's allocation (or portion thereof) shall be awarded by the Attorney General to units of local government, or combinations thereof, within such State, giving priority to those jurisdictions with the highest annual number of part 1 violent crimes of the Uniform Crime Reports reported by the unit of local government to the Federal Bureau of Investigation for the three most recent calendar years for which such data are available. (g) Special rules for Puerto Rico (1) All funds set aside for Commonwealth government Notwithstanding any other provision of this part, the amounts allocated under subsection (a) of this section to Puerto Rico, 100 percent shall be for direct grants to the Commonwealth government of Puerto Rico. (2) No local allocations Subsections (c) and (d) of this section shall not apply to Puerto Rico. (h) Units of local government in Louisiana In carrying out this section with respect to the State of Louisiana, the term "unit of local government" means a district attorney or a parish sheriff. -SOURCE- (Pub. L. 90-351, title I, Sec. 505, as added Pub. L. 109-162, title XI, Sec. 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3097.) -MISC1- PRIOR PROVISIONS For prior sections 505 of Pub. L. 90-351 and prior sections 3755 of this title, see notes set out preceding section 3750 of this title. EFFECTIVE DATE Section applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109-162, set out as an Effective Date of 2006 Amendment note under section 3750 of this title. -End- -CITE- 42 USC Sec. 3756 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part A - Edward Byrne Memorial Justice Assistance Grant Program -HEAD- Sec. 3756. Reserved funds -STATUTE- (a) Of the total amount made available to carry out this part for a fiscal year, the Attorney General shall reserve not more than - (1) $20,000,000, for use by the National Institute of Justice in assisting units of local government to identify, select, develop, modernize, and purchase new technologies for use by law enforcement, of which $1,000,000 shall be for use by the Bureau of Justice Statistics to collect data necessary for carrying out this part; and (2) $20,000,000, to be granted by the Attorney General to States and units of local government to develop and implement antiterrorism training programs. (b) Of the total amount made available to carry out this part for a fiscal year, the Attorney General may reserve not more than 5 percent, to be granted to 1 or more States or units of local government, for 1 or more of the purposes specified in section 3751 of this title, pursuant to his determination that the same is necessary - (1) to combat, address, or otherwise respond to precipitous or extraordinary increases in crime, or in a type or types of crime; or (2) to prevent, compensate for, or mitigate significant programmatic harm resulting from operation of the formula established under section 3755 of this title. -SOURCE- (Pub. L. 90-351, title I, Sec. 506, as added Pub. L. 109-162, title XI, Sec. 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3100.) -MISC1- PRIOR PROVISIONS For prior sections 506 of Pub. L. 90-351 and prior sections 3756 of this title, see notes set out preceding section 3750 of this title. EFFECTIVE DATE Section applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109-162, set out as an Effective Date of 2006 Amendment note under section 3750 of this title. -End- -CITE- 42 USC Sec. 3757 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part A - Edward Byrne Memorial Justice Assistance Grant Program -HEAD- Sec. 3757. Interest-bearing trust funds -STATUTE- (a) Trust fund required A State or unit of local government shall establish a trust fund in which to deposit amounts received under this part. (b) Expenditures (1) In general Each amount received under this part (including interest on such amount) shall be expended before the date on which the grant period expires. (2) Repayment A State or unit of local government that fails to expend an entire amount (including interest on such amount) as required by paragraph (1) shall repay the unexpended portion to the Attorney General not later than 3 months after the date on which the grant period expires. (3) Reduction of future amounts If a State or unit of local government fails to comply with paragraphs (1) and (2), the Attorney General shall reduce amounts to be provided to that State or unit of local government accordingly. (c) Repaid amounts Amounts received as repayments under this section shall be subject to section 3712g of this title as if such amounts had not been granted and repaid. Such amounts shall be deposited in the Treasury in a dedicated fund for use by the Attorney General to carry out this part. Such funds are hereby made available to carry out this part. -SOURCE- (Pub. L. 90-351, title I, Sec. 507, as added Pub. L. 109-162, title XI, Sec. 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3100.) -MISC1- PRIOR PROVISIONS For prior sections 507 of Pub. L. 90-351 and prior sections 3757 of this title, see notes set out preceding section 3750 of this title. EFFECTIVE DATE Section applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109-162, set out as an Effective Date of 2006 Amendment note under section 3750 of this title. -End- -CITE- 42 USC Sec. 3758 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part A - Edward Byrne Memorial Justice Assistance Grant Program -HEAD- Sec. 3758. Authorization of appropriations -STATUTE- There is authorized to be appropriated to carry out this part $1,095,000,000 for each of the fiscal years 2006 through 2012. -SOURCE- (Pub. L. 90-351, title I, Sec. 508, as added Pub. L. 109-162, title XI, Sec. 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3101; amended Pub. L. 110-294, Sec. 1, July 30, 2008, 122 Stat. 2971.) -MISC1- PRIOR PROVISIONS For prior sections 508 of Pub. L. 90-351 and prior sections 3758 and 3759 of this title, see notes set out preceding section 3750 of this title. AMENDMENTS 2008 - Pub. L. 110-294 substituted "for each of the fiscal years 2006 through 2012" for "for fiscal year 2006 and such sums as may be necessary for each of fiscal years 2007 through 2009". EFFECTIVE DATE Section applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109-162, set out as an Effective Date of 2006 Amendment note under section 3750 of this title. -End- -CITE- 42 USC Part B - Discretionary Grants 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part B - Discretionary Grants -HEAD- PART B - DISCRETIONARY GRANTS -End- -CITE- 42 USC subpart 1 - grants to public and private entities 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part B - Discretionary Grants subpart 1 - grants to public and private entities -HEAD- SUBPART 1 - GRANTS TO PUBLIC AND PRIVATE ENTITIES -End- -CITE- 42 USC Secs. 3760 to 3762 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part B - Discretionary Grants subpart 1 - grants to public and private entities -HEAD- Secs. 3760 to 3762. Repealed. -MISC1- Secs. 3760 to 3762. Repealed. Pub. L. 109-162, title XI, Sec. 1111(b)(1), Jan. 5, 2006, 119 Stat. 3101. Section 3760, Pub. L. 90-351, title I, Sec. 510, as added Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4335; amended Pub. L. 101-647, title XVIII, Sec. 1801(a)(2), Nov. 29, 1990, 104 Stat. 4847; Pub. L. 103-322, title XXXII, Sec. 320702(a), Sept. 13, 1994, 108 Stat. 2121; Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 120(a)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-70; Pub. L. 107-273, div. A, title II, Sec. 203(a)(3), (4), Nov. 2, 2002, 116 Stat. 1775, related to purposes of grants to public and private entities. Section 3761, Pub. L. 90-351, title I, Sec. 511, as added Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4336; amended Pub. L. 101-647, title XVIII, Sec. 1801(a)(3), Nov. 29, 1990, 104 Stat. 4847; Pub. L. 107-273, div. A, title II, Sec. 203(a)(5), Nov. 2, 2002, 116 Stat. 1775, related to allocation of funds for grants. Section 3762, Pub. L. 90-351, title I, Sec. 512, as added Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4336, related to limitation on use of discretionary grant funds. PRIOR PROVISIONS For prior sections 510 to 512 of Pub. L. 90-351 and prior sections 3760 to 3762 of this title, see notes set out preceding section 3750 of this title. EFFECTIVE DATE OF REPEAL Repeal applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109-162, set out as an Effective Date of 2006 Amendment note set out under section 3750 of this title. -End- -CITE- 42 USC subpart 2 - grants to public agencies 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part B - Discretionary Grants subpart 2 - grants to public agencies -HEAD- SUBPART 2 - GRANTS TO PUBLIC AGENCIES -End- -CITE- 42 USC Sec. 3762a 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part B - Discretionary Grants subpart 2 - grants to public agencies -HEAD- Sec. 3762a. Correctional options grants -STATUTE- (a) Authority to make grants The Director, in consultation with the Director of the National Institute of Corrections, may make - (1) 4 grants in each fiscal year, in various geographical areas throughout the United States, to public agencies for correctional options (including the cost of construction) that provide alternatives to traditional modes of incarceration and offender release programs - (A) to provide more appropriate intervention for youthful offenders who are not career criminals, but who, without such intervention, are likely to become career criminals or more serious offenders; (B) to provide a degree of security and discipline appropriate for the offender involved; (C) to provide diagnosis, and treatment and services (including counseling, substance abuse treatment, education, job training and placement assistance while under correctional supervision, and linkage to similar outside services), to increase the success rate of offenders who decide to pursue a course of lawful and productive conduct after release from legal restraint; (D) to reduce criminal recidivism by offenders who receive punishment through such alternatives; (E) to reduce the cost of correctional services and facilities by reducing criminal recidivism; and (F) to provide work that promotes development of industrial and service skills in connection with a correctional option; (2) grants to private nonprofit organizations - (A) for any of the purposes specified in subparagraphs (A) through (F) of paragraph (1); (B) to undertake educational and training programs for criminal justice personnel; (C) to provide technical assistance to States and local units of government; and (D) to carry out demonstration projects which, in view of previous research or experience, are likely to be a success in more than one jurisdiction; in connection with a correctional option (excluding the cost of construction); (3) grants to public agencies to establish, operate, and support boot camp prisons; and (4) grants to State courts to improve security for State and local court systems. (b) Selection of grantees The selection of applicants to receive grants under paragraphs (1) and (2) of subsection (a) of this section shall be based on their potential for developing or testing various innovative alternatives to traditional modes of incarceration and offender release programs. In selecting the applicants to receive grants under subsection (a)(3) of this section, the Director shall - (1) consider the overall quality of an applicant's shock incarceration program, including the existence of substance abuse treatment, drug testing, counseling literacy education, vocational education, and job training programs during incarceration or after release; and (2) give priority to public agencies that clearly demonstrate that the capacity of their correctional facilities is inadequate to accommodate the number of individuals who are convicted of offenses punishable by a term of imprisonment exceeding 1 year. Priority shall be given to State court applicants under subsection (a)(4) that have the greatest demonstrated need to provide security in order to administer justice. (c) Consultations The Director shall consult with the Commission on Alternative Utilization of Military Facilities created by Public Law 100-456 in order to identify military facilities that may be used as sites for correctional programs receiving assistance under this subpart. -SOURCE- (Pub. L. 90-351, title I, Sec. 515, as added Pub. L. 101-647, title XVIII, Sec. 1801(a)(7), Nov. 29, 1990, 104 Stat. 4847; amended Pub. L. 103-322, title XXXIII, Sec. 330001(b)(1), Sept. 13, 1994, 108 Stat. 2138; Pub. L. 110-177, title III, Sec. 302(a), Jan. 7, 2008, 121 Stat. 2539.) -REFTEXT- REFERENCES IN TEXT The Commission on Alternative Utilization of Military Facilities, referred to in subsec. (c), was created by section 2819 of Pub. L. 100-456, as amended, which was set out as a note under section 2391 of Title 10, Armed Forces, prior to repeal by Pub. L. 105-261, div. A, title X, Sec. 1031(b), Oct. 17, 1998, 112 Stat. 2123. -MISC1- PRIOR PROVISIONS For prior section 515 of Pub. L. 90-351, see note set out preceding section 3750 of this title. AMENDMENTS 2008 - Subsec. (a)(4). Pub. L. 110-177, Sec. 302(a)(1), added par. (4). Subsec. (b). Pub. L. 110-177, Sec. 302(a)(2), inserted concluding provisions. 1994 - Subsec. (b). Pub. L. 103-322, in introductory provisions substituted "paragraphs (1) and (2) of subsection (a)" for "subsection (a)(1) and (2)", and in par. (2) substituted "public agencies" for "States". -TRANS- TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, Sec. 108(b)] of Pub. L. 106-113, set out as a note under section 3741 of this title. -End- -CITE- 42 USC Sec. 3762b 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part B - Discretionary Grants subpart 2 - grants to public agencies -HEAD- Sec. 3762b. Allocation of funds; administrative provisions -STATUTE- (a) Allocation of funds Of the total amount appropriated for this subpart in any fiscal year, 70 percent shall be used to make grants under section 3762a(a)(1) of this title, 10 percent shall be used to make grants under section 3762a(a)(2) of this title, 10 percent shall be used to make grants under section 3762a(a)(3) of this title, and 10 percent for section 3762a(a)(4) of this title. (b) Limit on grant share of cost A grant made under paragraph (1) or (3) of section 3762a(a) of this title may be made for an amount up to 75 percent of the cost of the correctional option contained in the approved application. (c) Rules; report; request for applications The Director shall - (1) not later than 90 days after funds are first appropriated to carry out this subpart, issue rules to carry out this subpart; and (2) not later than 180 days after funds are first appropriated to carry out this subpart - (A) submit to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report describing such rules; and (B) request applications for grants under this subpart. -SOURCE- (Pub. L. 90-351, title I, Sec. 516, as added Pub. L. 101-647, title XVIII, Sec. 1801(a)(7), Nov. 29, 1990, 104 Stat. 4848; amended Pub. L. 103-322, title XXXIII, Sec. 330001(b)(2), Sept. 13, 1994, 108 Stat. 2138; Pub. L. 110-177, title III, Sec. 302(b), Jan. 7, 2008, 121 Stat. 2539.) -MISC1- PRIOR PROVISIONS For prior section 516 of Pub. L. 90-351, see note set out preceding section 3750 of this title. AMENDMENTS 2008 - Subsec. (a). Pub. L. 110-177 substituted "70" for "80" and "3762a(a)(2) of this title, 10" for "3762a(a)(2) of this title, and 10" and inserted ", and 10 percent for section 3762a(a)(4) of this title" before period at end. 1994 - Subsec. (a). Pub. L. 103-322, Sec. 330001(b)(2)(A), substituted "10 percent shall be used to make grants under section" for "10 percent for section" in two places. Subsec. (b). Pub. L. 103-322, Sec. 330001(b)(2)(B), substituted "paragraph (1) or (3) of section 3762a(a)" for "section 3762a(a)(1) or (a)(3)". -TRANS- TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, Sec. 108(b)] of Pub. L. 106-113, set out as a note under section 3741 of this title. -End- -CITE- 42 USC subpart 3 - general requirements 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part B - Discretionary Grants subpart 3 - general requirements -HEAD- SUBPART 3 - GENERAL REQUIREMENTS -End- -CITE- 42 USC Sec. 3763 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part B - Discretionary Grants subpart 3 - general requirements -HEAD- Sec. 3763. Application requirements -STATUTE- (a) No grant may be made under this part unless an application has been submitted to the Director in which the applicant - (1) sets forth a program or project which is eligible for funding pursuant to section 3762a of this title; (2) describes the services to be provided, performance goals, and the manner in which the program is to be carried out; (3) describes the method to be used to evaluate the program or project in order to determine its impact and effectiveness in achieving the stated goals; and (4) agrees to conduct such evaluation according to the procedures and terms established by the Bureau. (b) Each applicant for funds under this part shall certify that its program or project meets all the applicable requirements of this section, that all the applicable information contained in the application is correct, and that the applicant will comply with all the applicable provisions of this part and all other applicable Federal laws. Such certification shall be made in a form acceptable to the Director. -SOURCE- (Pub. L. 90-351, title I, Sec. 517, formerly Sec. 513, as added Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4336; renumbered Sec. 517 and amended Pub. L. 101-647, title XVIII, Sec. 1801(a)(4), (6), Nov. 29, 1990, 104 Stat. 4847; Pub. L. 109- 162, title XI, Sec. 1111(c)(2)(A), Jan. 5, 2006, 119 Stat. 3101.) -MISC1- PRIOR PROVISIONS For prior section 517 of Pub. L. 90-351 and prior sections 3763 of this title, see note set out preceding section 3750 of this title. AMENDMENTS 2006 - Subsec. (a)(1). Pub. L. 109-162 substituted "pursuant to section 3762a" for "pursuant to section 3761 or 3762a". 1990 - Subsec. (a)(1). Pub. L. 101-647, Sec. 1801(a)(4)(A), inserted "or 3762a" after "3761". Subsec. (b). Pub. L. 101-647, Sec. 1801(a)(4)(B), inserted "applicable" after "all the" in three places. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-162 applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109-162, set out as a note under section 3750 of this title. -TRANS- TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, Sec. 108(b)] of Pub. L. 106-113, set out as a note under section 3741 of this title. -End- -CITE- 42 USC Sec. 3764 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part B - Discretionary Grants subpart 3 - general requirements -HEAD- Sec. 3764. Period of award -STATUTE- The Bureau may provide financial aid and assistance to programs or projects under this part for a period of not to exceed 4 years. Grants made pursuant to this part may be extended or renewed by the Bureau for an additional period of up to 2 years if - (1) an evaluation of the program or project indicates that it has been effective in achieving the stated goals or offers the potential for improving the functioning of the criminal justice system; and (2) the applicant that conducts such program or project agrees to provide at least one-half of the total cost of such program or project from any source of funds, including Federal grants, available to the eligible jurisdiction. -SOURCE- (Pub. L. 90-351, title I, Sec. 518, formerly Sec. 514, as added Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4336; renumbered Sec. 518 and amended Pub. L. 101-647, title XVIII, Sec. 1801(a)(5), (6), Nov. 29, 1990, 104 Stat. 4847.) -MISC1- PRIOR PROVISIONS For prior section 518 of Pub. L. 90-351 and prior sections 3764 and 3765 of this title, see note set out preceding section 3750 of this title. AMENDMENTS 1990 - Par. (2). Pub. L. 101-647, Sec. 1801(a)(5), substituted "applicant that conducts such program or project" for "public agency or private nonprofit organization within which the program or project has been conducted". -End- -CITE- 42 USC subpart 4 - grants to private entities 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part B - Discretionary Grants subpart 4 - grants to private entities -HEAD- SUBPART 4 - GRANTS TO PRIVATE ENTITIES -COD- CODIFICATION Pub. L. 109-248, title VI, Sec. 626, July 27, 2006, 120 Stat. 636, which directed amendment of "subpart 2 of part E of title I of the Omnibus Crime Control and Safe Street Act of 1968" by adding chapter 4 at end, was treated as meaning chapter D, which was changed to subpart 4 for purposes of codification, to reflect the probable intent of Congress. -End- -CITE- 42 USC Sec. 3765 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part B - Discretionary Grants subpart 4 - grants to private entities -HEAD- Sec. 3765. Crime prevention campaign grant -STATUTE- (a) Grant authorization The Attorney General may provide a grant to a national private, nonprofit organization that has expertise in promoting crime prevention through public outreach and media campaigns in coordination with law enforcement agencies and other local government officials, and representatives of community public interest organizations, including schools and youth-serving organizations, faith-based, and victims' organizations and employers. (b) Application To request a grant under this section, an organization described in subsection (a) shall submit an application to the Attorney General in such form and containing such information as the Attorney General may require. (c) Use of funds An organization that receives a grant under this section shall - (1) create and promote national public communications campaigns; (2) develop and distribute publications and other educational materials that promote crime prevention; (3) design and maintain web sites and related web-based materials and tools; (4) design and deliver training for law enforcement personnel, community leaders, and other partners in public safety and hometown security initiatives; (5) design and deliver technical assistance to States, local jurisdictions, and crime prevention practitioners and associations; (6) coordinate a coalition of Federal, national, and statewide organizations and communities supporting crime prevention; (7) design, deliver, and assess demonstration programs; (8) operate McGruff-related programs, including McGruff Club; (9) operate the Teens, Crime, and Community Program; and (10) evaluate crime prevention programs and trends. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section - (1) for fiscal year 2007, $7,000,000; (2) for fiscal year 2008, $8,000,000; (3) for fiscal year 2009, $9,000,000; and (4) for fiscal year 2010, $10,000,000. -SOURCE- (Pub. L. 90-351, title I, Sec. 519, as added Pub. L. 109-248, title VI, Sec. 626, July 27, 2006, 120 Stat. 636.) -MISC1- PRIOR PROVISIONS For prior section 519 of Pub. L. 90-351 and prior sections 3765 of this title, see note set out preceding section 3750 of this title. -End- -CITE- 42 USC Part C - Administrative Provisions 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part C - Administrative Provisions -HEAD- PART C - ADMINISTRATIVE PROVISIONS -End- -CITE- 42 USC Sec. 3766 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part C - Administrative Provisions -HEAD- Sec. 3766. Evaluation -STATUTE- (a) Guidelines and comprehensive evaluations To increase the efficiency and effectiveness of programs funded under this subchapter, the National Institute of Justice shall - (1) develop guidelines, in cooperation with the Bureau of Justice Assistance, to assist State and local units of government to conduct program evaluations; and (2) conduct a reasonable number of comprehensive evaluations of programs funded under section 3755 (formula grants) and section 3762a (discretionary grants) of this title. (b) Criteria for selecting programs for review In selecting programs for review, the Director of the National Institute of Justice should consider - (1) whether the program establishes or demonstrates a new and innovative approach to drug or crime control; (2) the cost of the program to be evaluated and the number of similar programs funded under section 3755 (formula grants) of this title; (3) whether the program has a high potential to be replicated in other jurisdictions; and (4) whether there is substantial public awareness and community involvement in the program. Routine auditing, monitoring, and internal assessment of a State and local drug control program's progress shall be the sole responsibility of the Bureau of Justice Assistance. (c) Annual report The Director of the National Institute of Justice shall annually report to the President, the Attorney General, and the Congress on the nature and findings of the evaluation and research and development activities funded under this section. -SOURCE- (Pub. L. 90-351, title I, Sec. 520, as added Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4337; amended Pub. L. 101-647, title XVIII, Sec. 1801(b), Nov. 29, 1990, 104 Stat. 4848; Pub. L. 109-162, title XI, Sec. 1111(c)(2)(B), Jan. 5, 2006, 119 Stat. 3101.) -MISC1- PRIOR PROVISIONS For prior section 520 of Pub. L. 90-351 and prior sections 3766 of this title, see note set out preceding section 3750 of this title. AMENDMENTS 2006 - Subsec. (a)(1). Pub. L. 109-162, Sec. 1111(c)(2)(B)(i), substituted "program evaluations" for "the program evaluations as required by section 3751(c) of this title". Subsec. (a)(2). Pub. L. 109-162, Sec. 1111(c)(2)(B)(ii), substituted "evaluations of programs funded under section 3755 (formula grants) and section 3762a (discretionary grants) of this title" for "evaluations of programs funded under section 3756 (formula grants) and sections 3761 and 3762a (discretionary grants) of this title". Subsec. (b)(2). Pub. L. 109-162, Sec. 1111(c)(2)(B)(iii), substituted "programs funded under section 3755 (formula grants)" for "programs funded under section 3756 (formula grants) and section 3761 (discretionary grants)". 1990 - Subsec. (a)(2). Pub. L. 101-647 substituted "sections 3761 and 3762a" for "section 3761". EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-162 applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109-162, set out as a note under section 3750 of this title. -End- -CITE- 42 USC Sec. 3766a 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part C - Administrative Provisions -HEAD- Sec. 3766a. General provisions -STATUTE- (a) The Bureau shall prepare both a "Program Brief" and "Implementation Guide" document for proven programs and projects to be funded under this subchapter. (b) The functions, powers, and duties specified in this subchapter to be carried out by the Bureau shall not be transferred elsewhere in the Department of Justice unless specifically hereafter authorized by the Congress by law. -SOURCE- (Pub. L. 90-351, title I, Sec. 521, as added Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4337.) -MISC1- PRIOR PROVISIONS For prior section 521 of Pub. L. 90-351, see note set out preceding section 3750 of this title. -End- -CITE- 42 USC Sec. 3766b 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Part C - Administrative Provisions -HEAD- Sec. 3766b. Reports -STATUTE- (a) Each State which receives a grant under section 3755 of this title shall submit to the Director, for each year in which any part of such grant is expended by a State or unit of local government, a report which contains - (1) a summary of the activities carried out with such grant and an assessment of the impact of such activities on meeting the purposes of part A of this subchapter; (2) a summary of the activities carried out in such year with any grant received under part B of this subchapter by such State; (3) the evaluation result of programs and projects; (4) an explanation of how the Federal funds provided under this subchapter were coordinated with State agencies receiving Federal funds for drug abuse education, prevention, treatment, and research activities; and (5) such other information as the Director may require by rule. Such report shall be submitted in such form and by such time as the Director may require by rule. (b) Not later than 180 days after the end of each fiscal year for which grants are made under this subchapter, the Director shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report that includes with respect to each State - (1) the aggregate amount of grants made under part A of this subchapter and part B of this subchapter to such State for such fiscal year; (2) the amount of such grants awarded for each of the purposes specified in part A of this subchapter; (3) a summary of the information provided in compliance with paragraphs (1) and (2) of subsection (a) of this section; (4) an explanation of how Federal funds provided under this subchapter have been coordinated with Federal funds provided to States for drug abuse education, prevention, treatment, and research activities; and (5) evaluation results of programs and projects and State strategy implementation. -SOURCE- (Pub. L. 90-351, title I, Sec. 522, as added Pub. L. 100-690, title VI, Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4337; amended Pub. L. 109-162, title XI, Sec. 1111(c)(2)(C), Jan. 5, 2006, 119 Stat. 3101.) -MISC1- PRIOR PROVISIONS For prior sections 523, 524, and 526 to 528 of Pub. L. 90-351 and prior sections 3767 and 3768 of this title, see note set out preceding section 3750 of this title. AMENDMENTS 2006 - Subsec. (a). Pub. L. 109-162 substituted "section 3755" for "section 3756" in introductory provisions and "an assessment of the impact of such activities on meeting the purposes of part A of this subchapter" for "an assessment of the impact of such activities on meeting the needs identified in the State strategy submitted under section 3753 of this title" in par. (1). EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-162 applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109-162, set out as a note under section 3750 of this title. -TRANS- TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, Sec. 108(b)] of Pub. L. 106-113, set out as a note under section 3741 of this title. -End- -CITE- 42 USC SUBCHAPTER VI - CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT PROGRAM 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VI - CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT PROGRAM -HEAD- SUBCHAPTER VI - CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT PROGRAM -End- -CITE- 42 USC Secs. 3769 to 3769d 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VI - CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT PROGRAM -HEAD- Secs. 3769 to 3769d. Repealed. -MISC1- Secs. 3769 to 3769d. Repealed. Pub. L. 109-162, title XI, Sec. 1154(a), Jan. 5, 2006, 119 Stat. 3113. Section 3769, Pub. L. 90-351, title I, Sec. 601, as added Pub. L. 98-473, title II, Sec. 609, Oct. 12, 1984, 98 Stat. 2088, related to authority for payments. For prior section 3769, see note set out preceding section 3750 of this title. A prior section 601 of Pub. L. 90-351 was renumbered section 501 and classified to section 3761 of this title. See note set out preceding section 3750 of this title. Another prior section 601 of Pub. L. 90-351, title I, June 19, 1968, 82 Stat. 209, was classified to section 3781 of this title and defined terms used in this chapter, prior to the general amendment of this chapter by Pub. L. 96-157. See section 3791 of this title. Section 3769a, Pub. L. 90-351, title I, Sec. 602, as added Pub. L. 98-473, title II, Sec. 609, Oct. 12, 1984, 98 Stat. 2088; amended Pub. L. 103-322, title XXXIII, Sec. 330001(h)(3), Sept. 13, 1994, 108 Stat. 2139, related to eligibility for assistance. A prior section 602 of Pub. L. 90-351 was renumbered section 502 and classified to section 3762 of this title. See note set out preceding section 3750 of this title. Section 3769b, Pub. L. 90-351, title I, Sec. 603, as added Pub. L. 98-473, title II, Sec. 609, Oct. 12, 1984, 98 Stat. 2088; amended Pub. L. 103-322, title XXXIII, Sec. 330001(h)(4), Sept. 13, 1994, 108 Stat. 2139, related to application, approval of application, and payment. A prior section 603 of Pub. L. 90-351 was renumbered section 503 and classified to section 3763 of this title. See note set out preceding section 3750 of this title. Section 3769c, Pub. L. 90-351, title I, Sec. 605, as added Pub. L. 98-473, title II, Sec. 609, Oct. 12, 1984, 98 Stat. 2089; amended Pub. L. 103-322, title XXXIII, Sec. 330001(h)(5), Sept. 13, 1994, 108 Stat. 2139, related to recapture of funds from recipient of assistance. A prior section 605 of Pub. L. 90-351 was renumbered section 505 and classified to section 3765 of this title. See note set out preceding section 3750 of this title. Section 3769d, Pub. L. 90-351, title I, Sec. 606, as added Pub. L. 98-473, title II, Sec. 609, Oct. 12, 1984, 98 Stat. 2090; amended Pub. L. 103-322, title XXXIII, Sec. 330001(h)(6), Sept. 13, 1994, 108 Stat. 2139, related to a clearinghouse on the construction and modernization of criminal justice facilities. A prior section 606 of Pub. L. 90-351 was renumbered section 506 and classified to section 3766 of this title. See note set out preceding section 3750 of this title. For prior section 3770, see note set out preceding section 3750 of this title. -End- -CITE- 42 USC SUBCHAPTER VII - FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE PERSONNEL 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VII - FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE PERSONNEL -HEAD- SUBCHAPTER VII - FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE PERSONNEL -End- -CITE- 42 USC Sec. 3771 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VII - FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE PERSONNEL -HEAD- Sec. 3771. Training and manpower development -STATUTE- (a) Functions, powers, and duties of Director of Federal Bureau of Investigation The Director of the Federal Bureau of Investigation is authorized to - (1) establish and conduct training programs at the Federal Bureau of Investigation National Academy at Quantico, Virginia, to provide, at the request of a State, unit of local government, or rail carrier, training for State and local criminal justice personnel, including railroad police officers; (2) develop new or improved approaches, techniques, systems, equipment, and devices to improve and strengthen criminal justice; and (3) assist in conducting, at the request of a State, unit of local government, or rail carrier, local and regional training programs for the training of State and local criminal justice personnel engaged in the investigation of crime and the apprehension of criminals. Training for rural criminal justice personnel shall include, when appropriate, effective use of regional resources and methods to improve coordination among criminal justice personnel in different areas and in different levels of government. Such training shall be provided only for persons actually employed as State police or highway patrol, police of a unit of local government, sheriffs, and their deputies, railroad police officer,(!1) and other persons as the State, unit of local government, or rail carrier may nominate for police training while such persons are actually employed as officers of such State, unit of local government, or rail carrier. (b) General authority of Attorney General over Director In the exercise of the functions, powers, and duties established under this section the Director of the Federal Bureau of Investigation shall be under the general authority of the Attorney General. (c) Training programs for State and local personnel at Federal Training Center Notwithstanding the provisions of subsection (a) of this section, the Secretary of the Treasury is authorized to establish, develop, and conduct training programs at the Federal Law Enforcement Training Center at Glynco, Georgia, to provide, at the request of a State or unit of local government, training for State and local criminal justice personnel provided that such training does not interfere with the Center's mission to train Federal law enforcement personnel. (d) Rail carrier costs No Federal funds may be used for any travel, transportation, or subsistence expenses incurred in connection with the participation of a railroad police officer in a training program conducted under subsection (a) of this section. (e) Definitions In this section - (1) the terms "rail carrier" and "railroad" have the meanings given such terms in section 20102 of title 49; and (2) the term "railroad police officer" means a peace officer who is commissioned in his or her State of legal residence or State of primary employment and employed by a rail carrier to enforce State laws for the protection of railroad property, personnel, passengers, or cargo. -SOURCE- (Pub. L. 90-351, title I, Sec. 701, as added Pub. L. 98-473, title II, Sec. 609A(a), Oct. 12, 1984, 98 Stat. 2090; amended Pub. L. 106- 110, Sec. 1, Nov. 24, 1999, 113 Stat. 1497.) -MISC1- PRIOR PROVISIONS A prior section 3771, Pub. L. 90-351, title I, Sec. 701, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1198, contained Congressional statement of purpose for training and manpower development, prior to the general amendment of this subchapter by Pub. L. 98-473. For another prior section 3771, see note set out preceding section 3750 of this title. A prior section 701 of Pub. L. 90-351, title I, as added Pub. L. 94-430, Sec. 2, Sept. 29, 1976, 90 Stat. 1346, provided for payments of Public safety officers' death benefits and was classified to former section 3796 of this title, prior to the general amendment of this chapter by Pub. L. 96-157. Another prior section 701 of Pub. L. 90-351, title II, June 19, 1968, 82 Stat. 210, is classified to sections 3501 and 3502 of Title 18, Crimes and Criminal Procedure. Prior sections 3772 to 3775 were omitted in the general revision of this subchapter by section 609A(a) of Pub. L. 98-473. Section 3772, Pub. L. 90-351, title I, Sec. 702, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1198, provided for a program to train prosecuting attorneys. A prior section 702 of Pub. L. 90-351, title I, as added Pub. L. 94-430, Sec. 2, Sept. 29, 1976, 90 Stat. 1347, provided limits on the payment of public safety officers' death benefits and was classified to former section 3796a of this title, prior to the general amendment of this chapter by Pub. L. 96-157. Section 3773, Pub. L. 90-351, title I, Sec. 703, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1198, provided for a program to train State and local criminal justice personnel. A prior section 703 of Pub. L. 90-351, as added Pub. L. 94-430, Sec. 2, Sept. 29, 1976, 90 Stat. 1347, defined the terms used in the provisions for public safety officers' death benefits and was classified to former section 3796b of this title, prior to the general amendment of this chapter by Pub. L. 96-157. Section 3774, Pub. L. 90-351, title I, Sec. 704, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1199, related to the training of State and local criminal justice personnel by the Federal Bureau of Investigation. A prior section 704 of Pub. L. 96-351, title I, as added Pub. L. 94-430, Sec. 2, Sept. 29, 1976, 90 Stat. 1347, provided for the administration of the program of public safety officers' death benefits and was classified to former section 3796c of this title, prior to the general amendment of this chapter by Pub. L. 96-157. Section 3775, Pub. L. 90-351, title I, Sec. 705, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1199; amended Pub. L. 96- 88, title III, Secs. 301(a)(1), 305, title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 680, 692, authorized a criminal justice education program. For other prior sections 3772 to 3774, see note set out preceding section 3750 of this title. AMENDMENTS 1999 - Subsec. (a)(1). Pub. L. 106-110, Sec. 1(a)(1), substituted "State, unit of local government, or rail carrier" for "State or unit of local government" and inserted ", including railroad police officers" before semicolon at end. Subsec. (a)(3). Pub. L. 106-110, Sec. 1(a)(2), substituted "State, unit of local government, or rail carrier" for "State or unit of local government", "State or such unit", and "State or unit" and inserted "railroad police officer," after "deputies,". Subsecs. (d), (e). Pub. L. 106-110, Sec. 1(b), (c), added subsecs. (d) and (e). EFFECTIVE DATE Section effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as a note under section 3711 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and liabilities of the Federal Law Enforcement Training Center of the Department of the Treasury to the Secretary of Homeland Security, and for treatment of related references, see sections 203(4), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -MISC2- EMPLOYMENT OF ANNUITANTS BY FEDERAL LAW ENFORCEMENT TRAINING CENTER Pub. L. 107-206, title I, Sec. 1202, Aug. 2, 2002, 116 Stat. 887, as amended by Pub. L. 109-295, title IV, Oct. 4, 2006, 120 Stat. 1374; Pub. L. 110-161, div. E, title IV, Dec. 26, 2007, 121 Stat. 2068; Pub. L. 110-329, div. D, title IV, Sept. 30, 2008, 122 Stat. 3677; Pub. L. 111-83, title IV, Oct. 28, 2009, 123 Stat. 2166, provided that: "(a) The Federal Law Enforcement Training Center may, for a period ending not later than December 31, 2012, appoint and maintain a cadre of up to 350 Federal annuitants: (1) without regard to any provision of title 5, United States Code, which might otherwise require the application of competitive hiring procedures; and (2) who shall not be subject to any reduction in pay (for annuity allocable to the period of actual employment) under the provisions of section 8344 or 8468 of such title 5 or similar provision of any other retirement system for employees. A reemployed Federal annuitant as to whom a waiver of reduction under paragraph (2) applies shall not, for any period during which such waiver is in effect, be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or such other retirement system (referred to in paragraph (2)) as may apply. "(b) No appointment under this section may be made which would result in the displacement of any employee. "(c) For purposes of this section - "(1) the term 'Federal annuitant' means an employee who has retired under the Civil Service Retirement System, the Federal Employees' Retirement System, or any other retirement system for employees; "(2) the term 'employee' has the meaning given such term by section 2105 of such title 5; and "(3) the counting of Federal annuitants shall be done on a full time equivalent basis." ANNUAL OUTSTANDING STUDENT AWARD Pub. L. 107-67, title I, Nov. 12, 2001, 115 Stat. 516, and similar provisions authorizing the Federal Law Enforcement Training Center to use gifts of property for authorized purposes, including funding of an annual gift to the outstanding student who graduated from a basic training program at the Center during the previous fiscal year, were transferred to a note set out under section 464 of Title 6, Domestic Security. TRAVEL AND SUBSISTENCE EXPENSES OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS ATTENDING MEETINGS, COURSES, ETC., AT FBI NATIONAL ACADEMY Pub. L. 99-500, Sec. 101(b) [title II], Oct. 18, 1986, 100 Stat. 1783-39, 1783-48, and Pub. L. 99-591, Sec. 101(b) [title II], Oct. 30, 1986, 100 Stat. 3341-39, 3341-48, provided that: "Notwithstanding section 1345 of title 31, United States Code, funds made available to the Drug Enforcement Administration in any fiscal year may be used for travel, transportation, and subsistence expenses of State, county, and local law enforcement officers attending conferences, meetings, and training courses at the FBI Academy, Quantico, Virginia." FEES TO PROVIDE TRAINING FOR STATE AND LOCAL LAW ENFORCEMENT OFFICERS AT FBI NATIONAL ACADEMY; PROHIBITION; REIMBURSEMENT Pub. L. 99-500, Sec. 101(b) [title II, Sec. 210], Oct. 18, 1986, 100 Stat. 1783-39, 1783-56, and Pub. L. 99-591, Sec. 101(b) [title II, Sec. 210], Oct. 30, 1986, 100 Stat. 3341-39, 3341-56, provided that: "The Director of the Federal Bureau of Investigation and the Administrator of the Drug Enforcement Administration shall not establish and collect fees to provide training to State and local law enforcement officers at the FBI National Academy. Any fees collected for training of State and local law enforcement officers, which occurred at the National Academy on or after October 1, 1986, shall be reimbursed to the appropriate official or agency. In addition, the Director of the National Institute of Corrections shall not establish and collect fees to provide training to State and local officers which was not provided on a reimbursable basis prior to October 1, 1986." -FOOTNOTE- (!1) So in original. Probably should be "officers,". -End- -CITE- 42 USC SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -End- -CITE- 42 USC Sec. 3781 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3781. Repealed. -MISC1- Sec. 3781. Repealed. Pub. L. 98-473, title II, Sec. 609B(a), Oct. 12, 1984, 98 Stat. 2091. Section, Pub. L. 90-351, title I, Sec. 801, as added Pub. L. 96- 157, Sec. 2, Dec. 27, 1979, 93 Stat. 1201, related to establishment of Office of Justice Assistance, Research, and Statistics. A prior section 3781, Pub. L. 90-351, title I, Sec. 601, June 19, 1968, 82 Stat. 209; 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; Pub. L. 91-644, title I, Secs. 6(b), 9, Jan. 2, 1971, 84 Stat. 1887, 1888; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 216; Pub. L. 94-503, title I, Sec. 129, Oct. 15, 1976, 90 Stat. 2424, defined the terms used in this subchapter, prior to the general amendment of this chapter by Pub. L. 96-157. See section 3791 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -End- -CITE- 42 USC Sec. 3782 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3782. Rules, regulations, and procedures; consultations and establishment -STATUTE- (a) General authorization of certain Federal agencies The Office of Justice Programs, the Bureau of Justice Assistance, the Office of Juvenile Justice and Delinquency Prevention, the Bureau of Justice Statistics, and the National Institute of Justice are authorized, after appropriate consultation with representatives of States and units of local government, to establish such rules, regulations, and procedures as are necessary to the exercise of their functions, and as are consistent with the stated purposes of this chapter. (b) Continuing evaluation of selected programs or projects; cost, effectiveness, impact value, and comparative considerations; annual performance report; assessment of activity effectiveness; suspension of funds for nonsubmission of report The Bureau of Justice Assistance shall, after consultation with the National Institute of Justice, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, State and local governments, and the appropriate public and private agencies, establish such rules and regulations as are necessary to assure the continuing evaluation of selected programs or projects conducted pursuant to subchapters V, XII-A, XII-B, XII- C, and XII-I of this chapter, in order to determine - (1) whether such programs or projects have achieved the performance goals stated in the original application, are of proven effectiveness, have a record of proven success, or offer a high probability of improving the criminal justice system; (2) whether such programs or projects have contributed or are likely to contribute to the improvement of the criminal justice system and the reduction and prevention of crime; (3) their cost in relation to their effectiveness in achieving stated goals; (4) their impact on communities and participants; and (5) their implication for related programs. In conducting evaluations described in this subsection, the Bureau of Justice Assistance shall, when practical, compare the effectiveness of programs conducted by similar applicants and different applicants. The Bureau of Justice Assistance shall also require applicants under part A of subchapter V of this chapter to submit an annual performance report concerning activities carried out pursuant to part A of subchapter V of this chapter together with an assessment by the applicant of the effectiveness of those activities in achieving the purposes of such part A and the relationships of those activities to the needs and objectives specified by the applicant in the application submitted pursuant to section 3752 of this title. Such report shall include details identifying each applicant that used any funds to purchase any cruiser, boat, or helicopter and, with respect to such applicant, specifying both the amount of funds used by such applicant for each purchase of any cruiser, boat, or helicopter and a justification of each such purchase (and the Bureau of Justice Assistance shall submit to the Committee of the Judiciary of the House of Representatives and the Committee of the Judiciary of the Senate, promptly after preparation of such report a written copy of the portion of such report containing the information required by this sentence). The Bureau shall suspend funding for an approved application under part A of subchapter V of this chapter if an applicant fails to submit such an annual performance report. (c) Procedures for paperwork minimization and prevention of duplication and delays in award and expenditure of funds The procedures established to implement the provisions of this chapter shall minimize paperwork and prevent needless duplication and unnecessary delays in award and expenditure of funds at all levels of government. -SOURCE- (Pub. L. 90-351, title I, Sec. 801, formerly Sec. 802, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1201; renumbered Sec. 801 and amended Pub. L. 98-473, title II, Sec. 609B(b), Oct. 12, 1984, 98 Stat. 2091; Pub. L. 99-570, title I, Sec. 1552(b)(2), Oct. 27, 1986, 100 Stat. 3207-46; Pub. L. 101-647, title II, Sec. 241(b)(2), title VIII, Sec. 801(c)(1), Nov. 29, 1990, 104 Stat. 4813, 4826; Pub. L. 103-322, title IV, Sec. 40231(d)(1), title XXXIII, Sec. 330001(h)(7), Sept. 13, 1994, 108 Stat. 1934, 2139; Pub. L. 109-162, title XI, Sec. 1111(c)(2)(D), Jan. 5, 2006, 119 Stat. 3102.) -MISC1- PRIOR PROVISIONS A prior section 801 of Pub. L. 90-351 was classified to section 3781 of this title prior to repeal by section 609B(a) of Pub. L. 98- 473. Another prior section 801 of Pub. L. 90-351, title III, June 19, 1968, 82 Stat. 211, is set out as a note under section 2510 of Title 18, Crimes and Criminal Procedure. AMENDMENTS 2006 - Subsec. (b). Pub. L. 109-162 substituted "the purposes of such part A" for "the purposes of section 3751 of this title" and "the application submitted pursuant to section 3752 of this title. Such report shall include details identifying each applicant that used any funds to purchase any cruiser, boat, or helicopter and, with respect to such applicant, specifying both the amount of funds used by such applicant for each purchase of any cruiser, boat, or helicopter and a justification of each such purchase (and the Bureau of Justice Assistance shall submit to the Committee of the Judiciary of the House of Representatives and the Committee of the Judiciary of the Senate, promptly after preparation of such report a written copy of the portion of such report containing the information required by this sentence)" for "the application submitted pursuant to section 3753 of this title" in concluding provisions. 1994 - Subsec. (b). Pub. L. 103-322, in introductory provisions substituted "subchapters" for "subchapters IV," and "XII-C, and XII- I" for "and XII-C", and in concluding provisions substituted "part A of subchapter V of this chapter" for "subchapter IV of this chapter" wherever appearing, "3751" for "3743(a)", and "3753" for "3743". 1990 - Subsec. (b). Pub. L. 101-647, Sec. 801(c)(1), substituted "XII-B, and XII-C" for "and XII-B". Pub. L. 101-647, Sec. 241(b)(2), substituted "XII-A, and XII-B" for "and XII-A". 1986 - Subsec. (b). Pub. L. 99-570 inserted reference to subchapter XII-A of this chapter in introductory provisions. 1984 - Subsec. (a). Pub. L. 98-473 in amending subsec. (a) generally, substituted "Office of Justice Programs" for "Office of Justice Assistance, Research, and Statistics" and "Bureau of Justice Assistance" for "Law Enforcement Assistance Administration" and also included authority for the Office of Juvenile Justice and Delinquency Prevention to establish rules, regulations, and procedures for exercise of its functions. Subsec. (b). Pub. L. 98-473 in amending subsec. (b) generally, substituted "Bureau of Justice Assistance" for "Law Enforcement Assistance Administration" wherever appearing; provided for consultations with the Office of Juvenile Justice and Delinquency Prevention; and struck out provisions respecting: rules, regulations, and procedures affecting national priority grant programs or projects; evaluations in addition to the requirements of former sections 3743 and 3744 of this title; and requirement for comparison of effectiveness of formula grant programs or projects of States or local units of government with similar national priority and discretionary grant programs or projects. Subsec. (c). Pub. L. 98-473 in amending section generally, reenacted subsec. (c) without change. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-162 applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109-162, set out as a note under section 3750 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -End- -CITE- 42 USC Sec. 3783 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3783. Notice and hearing on denial or termination of grant -STATUTE- Whenever, after reasonable notice and opportunity for a hearing on the record in accordance with section 554 of title 5, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics finds that a recipient of assistance under this chapter has failed to comply substantially with - (1) any provisions of this chapter; (2) any regulations or guidelines promulgated under this chapter; or (3) any application submitted in accordance with the provisions of this chapter, or the provisions of any other applicable Federal Act; the Director involved shall, until satisfied that there is no longer any such failure to comply, terminate payments to the recipient under this chapter, reduce payments to the recipient under this chapter by an amount equal to the amount of such payments which were not expended in accordance with this chapter, or limit the availability of payments under this chapter to programs, projects, or activities not affected by such failure to comply. -SOURCE- (Pub. L. 90-351, title I, Sec. 802, formerly Sec. 803, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1202; renumbered Sec. 802 and amended Pub. L. 98-473, title II, Sec. 609B(b), Oct. 12, 1984, 98 Stat. 2092; Pub. L. 99-570, title I, Sec. 1552(b)(3), Oct. 27, 1986, 100 Stat. 3207-46; Pub. L. 101-647, title II, Sec. 241(b)(3), title VIII, Sec. 801(c)(2), Nov. 29, 1990, 104 Stat. 4813, 4826; Pub. L. 103-322, title IV, Sec. 40231(d)(2), title XXXIII, Sec. 330001(c), (h)(8), Sept. 13, 1994, 108 Stat. 1934, 2138, 2139; Pub. L. 107-273, div. C, title I, Sec. 11012, Nov. 2, 2002, 116 Stat. 1823; Pub. L. 109-162, title XI, Sec. 1155(1), Jan. 5, 2006, 119 Stat. 3113.) -MISC1- PRIOR PROVISIONS A prior section 802 of Pub. L. 90-351 was renumbered section 801 and is classified to section 3782 of this title. Another prior section 802 of Pub. L. 90-351, title III, June 19, 1968, 82 Stat. 212-223, enacted sections 2510 to 2520 of Title 18, Crimes and Criminal Procedure. AMENDMENTS 2006 - Pub. L. 109-162 struck out subsec. (a) designation before "Whenever, after reasonable notice", struck out subsec. (b) which related to notice of and reasons for action, hearing or investigation, and finality of findings and determinations, and struck out subsec. (c) which related to rehearing, regulations and procedures, and presentation of additional information. 2002 - Subsec. (b). Pub. L. 107-273, which directed amendment of subsec. (b) by substituting "T," for "U," in the original, was executed by substituting "XII-H" for "XII-I" in text to reflect the probable intent of Congress, notwithstanding that "U" was not followed by a comma in the original. 1994 - Subsec. (b). Pub. L. 103-322 substituted "part A of subchapter V of this chapter or under subchapter XII-A, XII-B, XII- C, or XII-I" for "subchapter IV, XII-A,, XII-B, or XII-C". 1990 - Subsec. (b). Pub. L. 101-647, Sec. 801(c)(2), substituted ", XII-B, or XII-C" for "or XII-B". Pub. L. 101-647, Sec. 241(b)(3), substituted ", XII-A, or XII-B" for "or XII-A". 1986 - Subsec. (b). Pub. L. 99-570 inserted reference to subchapter XII-A of this chapter. 1984 - Subsec. (a). Pub. L. 98-473 in amending subsec. (a) generally, included provision for finding of noncompliance by the Bureau of Justice Assistance and excluded similar provision for Law Enforcement Assistance Administration, substituted "the Director involved shall, until satisfied that there is no longer any such failure to comply," for "they, until satisfied that there is no longer any such failure to comply, shall - ", and struck out designations "(A)" before "terminate payment", "(B)" before "reduce payments", and "(C)" before "limit the availability of payments". Subsec. (b). Pub. L. 98-473 in amending subsec. (b) generally, substituted "If any grant application submitted under subchapter IV of this chapter has been denied, or any grant under this chapter has been terminated" for "If a State grant application filed under subchapter IV of this chapter or any grant application filed under any other subchapter of this chapter has been rejected or a State applicant under subchapter IV of this chapter or applicant under any other subchapter of this chapter has been denied a grant or has had a grant, or any portion of a grant, discontinued, terminated or has been given a grant in a lesser amount that such applicant believes appropriate under the provisions of this chapter" struck out "or grantee" after "notify the applicant" and before "requests a hearing"; substituted requirement for notice by the Bureau of Justice Assistance rather than the Law Enforcement Assistance Administration; and inserted provisions for taking final action without hearing but requiring a more detailed statement of reasons for agency action to be made available to the applicant. Subsec. (c). Pub. L. 98-473 in amending subsec. (c) generally, substituted provisions for findings and rehearings by the Bureau of Justice Assistance for similar provisions for Law Enforcement Assistance Administration; and substituted description of the party as "applicant" for prior designation as "recipient". EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -TRANS- TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, Sec. 108(b)] of Pub. L. 106-113, set out as a note under section 3741 of this title. -End- -CITE- 42 USC Sec. 3784 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3784. Finality of determinations -STATUTE- In carrying out the functions vested by this chapter in the Bureau of Justice Assistance, the Bureau of Justice Statistics, or the National Institute of Justice, their determinations, findings, and conclusions shall be final and conclusive upon all applications. -SOURCE- (Pub. L. 90-351, title I, Sec. 803, formerly Sec. 804, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1203; renumbered Sec. 803 and amended Pub. L. 98-473, title II, Sec. 609B(c), (f), Oct. 12, 1984, 98 Stat. 2093; Pub. L. 109-162, title XI, Sec. 1155(2), Jan. 5, 2006, 119 Stat. 3113.) -MISC1- PRIOR PROVISIONS A prior section 803 of Pub. L. 90-351 was renumbered section 802 and is classified to section 3783 of this title. Another prior section 803 of Pub. L. 90-351, title III, June 19, 1968, 82 Stat. 223, amended section 605 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. AMENDMENTS 2006 - Pub. L. 109-162 struck out ", after reasonable notice and opportunity for a hearing," after "conclusions shall" and ", except as otherwise provided herein" before period at end. 1984 - Pub. L. 98-473, Sec. 609B(c), substituted "Bureau of Justice Assistance" for "Law Enforcement Assistance Administration". EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 609B(c) of Pub. L. 98-473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -End- -CITE- 42 USC Sec. 3785 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3785. Repealed. -MISC1- Sec. 3785. Repealed. Pub. L. 109-162, title XI, Sec. 1155(3), Jan. 5, 2006, 119 Stat. 3114. Section, Pub. L. 90-351, title I, Sec. 804, formerly Sec. 805, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1203; renumbered Sec. 804 and amended Pub. L. 98-473, title II, Sec. 609B(d), (f), Oct. 12, 1984, 98 Stat. 2093; Pub. L. 103-322, title XXXIII, Sec. 330001(h)(9), Sept. 13, 1994, 108 Stat. 2139, related to appellate court review. A prior section 804 of Pub. L. 90-351 was renumbered section 803 and is classified to section 3784 of this title. Another prior section 804 of Pub. L. 90-351, title III, June 19, 1968, 82 Stat. 223, was set out as a note under section 2510 of Title 18, Crimes and Criminal Procedure. -End- -CITE- 42 USC Sec. 3786 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3786. Delegation of functions -STATUTE- The Attorney General, the Assistant Attorney General, the Director of the National Institute of Justice, the Director of the Bureau of Justice Statistics, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, and the Director of the Bureau of Justice Assistance may delegate to any of their respective officers or employees such functions under this chapter as they deem appropriate. -SOURCE- (Pub. L. 90-351, title I, Sec. 805, as added Pub. L. 98-473, title II, Sec. 609B(g), Oct. 12, 1984, 98 Stat. 2093.) -MISC1- PRIOR PROVISIONS A prior section 3786, Pub. L. 90-351, title I, Sec. 806, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1204, contained provisions similar to this section, prior to repeal by section 609B(e) of Pub. L. 98-473. A prior section 805 of Pub. L. 90-351 was renumbered section 804 and was classified to section 3785 of this title prior to repeal by Pub. L. 109-162. EFFECTIVE DATE Section effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as a note under section 3711 of this title. -TRANS- TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, Sec. 108(b)] of Pub. L. 106-113, set out as a note under section 3741 of this title. -End- -CITE- 42 USC Sec. 3787 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3787. Subpoena power; employment of hearing officers; authority to hold hearings -STATUTE- The Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics may appoint such hearing examiners or administrative law judges or request the use of such administrative law judges selected by the Office of Personnel Management pursuant to section 3344 of title 5, as shall be necessary to carry out their respective powers and duties under this chapter. The Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics or upon authorization, any member thereof or any hearing examiner or administrative law judge assigned to or employed thereby shall have the power to hold hearings and issue subpoenas, administer oaths, examine witnesses, and receive evidence at any place in the United States they respectively may designate. -SOURCE- (Pub. L. 90-351, title I, Sec. 806, as added Pub. L. 98-473, title II, Sec. 609B(g), Oct. 12, 1984, 98 Stat. 2094.) -MISC1- PRIOR PROVISIONS A prior section 3787, Pub. L. 90-351, title I, Sec. 807, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1204, contained provisions similar to this section, prior to repeal by section 609B(e) of Pub. L. 98-473. A prior section 806 of Pub. L. 90-351 was classified to section 3786 of this title prior to repeal by section 609B(e) of Pub. L. 98- 473. Provisions similar to this section were contained in part in section 3788 of this title prior to repeal of such section by section 609B(e) of Pub. L. 98-473. EFFECTIVE DATE Section effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as a note under section 3711 of this title. -End- -CITE- 42 USC Sec. 3788 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3788. Personnel and administrative authority -STATUTE- (a) Officers and employees of certain Federal agencies; employment; compensation The Assistant Attorney General, the Director of the Bureau of Justice Assistance, the Director of the Institute, and the Director of the Bureau of Justice Statistics are authorized to select, appoint, employ, and fix compensation of such officers and employees as shall be necessary to carry out the powers and duties of the Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics, respectively, under this chapter. (b) Use of available services; reimbursement The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics are authorized, on a reimbursable basis when appropriate, to use the available services, equipment, personnel, and facilities of Federal, State, and local agencies to the extent deemed appropriate after giving due consideration to the effectiveness of such existing services, equipment, personnel, and facilities. (c) Other Federal agency performance of functions under this chapter; reimbursement The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics may arrange with and reimburse the heads of other Federal departments and agencies for the performance of any of the functions under this chapter. (d) Experts and consultants; compensation The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics may procure the services of experts and consultants in accordance with section 3109 of title 5, relating to appointments in the Federal service, at rates of compensation for individuals not to exceed the daily equivalent of the rate of pay payable from time to time for GS-18 of the General Schedule under section 5332 of title 5. (e) Advisory committees; compensation and travel expenses of committee members The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics are authorized to appoint, without regard to the provisions of title 5, advisory committees to advise them with respect to the administration of this chapter as they deem necessary. Such committees shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). Members of such committees not otherwise in the employ of the United States, while engaged in advising or attending meetings of such committees, shall be compensated at rates to be fixed by the Office but not to exceed the daily equivalent of the rate of pay payable from time to time for GS-18 of the General Schedule under section 5332 of title 5, and while away from home or regular place of business they may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as authorized by section 5703 of such title 5 for persons in the Government service employed intermittently. (f) Payments; installments; advances or reimbursement; transportation and subsistence expenses for attendance at conferences or other assemblages Payments under this chapter may be made in installments, and in advance or by way of reimbursement, as may be determined by the Office, the Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics, and may be used to pay the transportation and subsistence expenses of persons attending conferences or other assemblages notwithstanding section 1345 of title 31. (g) Voluntary services; status as Federal employees; exceptions The Office, the Bureau of Justice Assistance, the National Institute of Justice, and the Bureau of Justice Statistics are authorized to accept and employ, in carrying out the provisions of this chapter, voluntary and uncompensated services notwithstanding section 1342 of title 31. Such individuals shall not be considered Federal employees except for purposes of chapter 81 of title 5 with respect to job-incurred disability and title 28 with respect to tort claims. -SOURCE- (Pub. L. 90-351, title I, Sec. 807, as added Pub. L. 98-473, title II, Sec. 609B(g), Oct. 12, 1984, 98 Stat. 2094.) -REFTEXT- REFERENCES IN TEXT Provisions of title 5 relating to appointments, referred to in subsec. (c), are classified to section 3301 et seq. of Title 5, Government Organization and Employees. The Federal Advisory Committee Act, referred to in subsec. (e), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5. -MISC1- PRIOR PROVISIONS A prior section 3788, Pub. L. 90-351, title I, Sec. 810, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1204, contained in part provisions similar to subsec. (a) of this section, prior to repeal by section 609B(e) of Pub. L. 98-473. A prior section 807 of Pub. L. 90-351 was classified to section 3787 of this title prior to repeal by section 609B(e) of Pub. L. 98- 473. Provisions similar to subsecs. (b), (c), (d) to (f), and (g) of this section were contained in sections 3789, 3789b(a), 3789c(a) to (c), and 3789h of this title, respectively, prior to repeal by section 609B(e) of Pub. L. 98-473. EFFECTIVE DATE Section effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as a note under section 3711 of this title. -TRANS- TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, Sec. 108(b)] of Pub. L. 106-113, set out as a note under section 3741 of this title. -MISC2- REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -End- -CITE- 42 USC Sec. 3789 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3789. Title to personal property -STATUTE- Notwithstanding any other provision of law, title to all expendable and nonexpendable personal property purchased with funds made available under this chapter, including such property purchased with funds made available under this chapter as in effect before October 12, 1984, shall vest in the criminal justice agency or nonprofit organization that purchased the property if it certifies to the State office responsible for the trust fund required by section 3757 of this title, or the State office described in section 3796aa-7 (!1) of this title,,(!2) as the case may be, that it will use the property for criminal justice purposes. If such certification is not made, title to the property shall vest in the State office, which shall seek to have the property used for criminal justice purposes elsewhere in the State prior to using it or disposing of it in any other manner. -SOURCE- (Pub. L. 90-351, title I, Sec. 808, as added Pub. L. 98-473, title II, Sec. 609B(g), Oct. 12, 1984, 98 Stat. 2095; amended Pub. L. 99- 570, title I, Sec. 1552(b)(4), Oct. 27, 1986, 100 Stat. 3207-46; Pub. L. 101-647, title II, Sec. 241(b)(4), Nov. 29, 1990, 104 Stat. 4813; Pub. L. 103-322, title XXXIII, Sec. 330001(h)(10), Sept. 13, 1994, 108 Stat. 2139; Pub. L. 109-162, title XI, Sec. 1111(c)(2)(E), Jan. 5, 2006, 119 Stat. 3102.) -REFTEXT- REFERENCES IN TEXT Section 3796aa-7 of this title, referred to in text, was repealed by Pub. L. 103-322, title IV, Sec. 40156(c)(8), Sept. 13, 1994, 108 Stat. 1924. -MISC1- PRIOR PROVISIONS A prior section 3789, Pub. L. 90-351, title I, Sec. 811, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1205, authorized use of available services, prior to repeal by section 609B(e) of Pub. L. 98-473. See section 3788(b) of this title. A prior section 808 of Pub. L. 90-351, title I, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1204, amended section 5314 of Title 5, Government Organization and Employees, prior to repeal by section 609B(e) of Pub. L. 98-473. AMENDMENTS 2006 - Pub. L. 109-162 substituted "the State office responsible for the trust fund required by section 3757 of this title, or the State office described in section 3796aa-7 of this title," for "the State office described in section 3757 or 3796aa-7 of this title". 1994 - Pub. L. 103-322 substituted "3757" for "3748, 3796o,". 1990 - Pub. L. 101-647 substituted ", 3796o, or 3796aa-7 of this title" for "or 3796o of this title". 1986 - Pub. L. 99-570 inserted reference to section 3796o of this title and ", as the case may be,". EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-162 applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109-162, set out as a note under section 3750 of this title. EFFECTIVE DATE Section effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as a note under section 3711 of this title. -FOOTNOTE- (!1) See References in Text note below. (!2) So in original. -End- -CITE- 42 USC Secs. 3789a to 3789c 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Secs. 3789a to 3789c. Repealed. -MISC1- Secs. 3789a to 3789c. Repealed. Pub. L. 98-473, title II, Sec. 609B(e), Oct. 12, 1984, 98 Stat. 2093. Section 3789a, Pub. L. 90-351, title I, Sec. 812, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1205, authorized consultations with other Federal, State, and local officials. Section 3789b, Pub. L. 90-351, title I, Sec. 813, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1205, provided for reimbursement authority and authorized use of grants, contracts, or cooperative agreements under chapter 63 of title 31. See section 3788(c) of this title. Section 3789c, Pub. L. 90-351, title I, Sec. 814, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1205, provided for employment of services of experts and consultants and appointment of advisory committees. See section 3788(d) to (f) of this title. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -End- -CITE- 42 USC Sec. 3789d 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3789d. Prohibition of Federal control over State and local criminal justice agencies; prohibition of discrimination -STATUTE- (a) General rule Nothing in this chapter or any other Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over any police force or any other criminal justice agency of any State or any political subdivision thereof. (b) Racial imbalance requirement restriction Notwithstanding any other provision of law, nothing contained in this chapter shall be construed to authorize the National Institute of Justice, the Bureau of Justice Statistics, or the Law Enforcement Assistance Administration - (1) to require, or condition the availability or amount of a grant upon the adoption by an applicant or grantee under this chapter of a percentage ratio, quota system, or other program to achieve racial balance in any criminal justice agency; or (2) to deny or discontinue a grant because of the refusal of an applicant or grantee under this chapter to adopt such a ratio, system, or other program. (c) Discrimination prohibited; notice of non-compliance; suspension and restoration of payments; hearing; civil action by Attorney General; private action, attorney fees, intervention by Attorney General (1) No person in any State shall on the ground of race, color, religion, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under or denied employment in connection with any programs or activity funded in whole or in part with funds made available under this chapter. (2)(A) Whenever there has been - (i) receipt of notice of a finding, after notice and opportunity for a hearing, by a Federal court (other than in an action brought by the Attorney General) or State court, or by a Federal or State administrative agency, to the effect that there has been a pattern or practice of discrimination in violation of paragraph (1); or (ii) a determination after an investigation by the Office of Justice Programs (prior to a hearing under subparagraph (F) but including an opportunity for the State government or unit of local government to make a documentary submission regarding the allegation of discrimination with respect to such program or activity, with funds made available under this chapter) that a State government or unit of local government is not in compliance with paragraph (1); the Office of Justice Programs shall, within ten days after such occurrence, notify the chief executive of the affected State, or the State in which the affected unit of local government is located, and the chief executive of such unit of local government, that such program or activity has been so found or determined not to be in compliance with paragraph (1), and shall request each chief executive, notified under this subparagraph with respect to such violation, to secure compliance. For purposes of clause (i) a finding by a Federal or State administrative agency shall be deemed rendered after notice and opportunity for a hearing if it is rendered pursuant to procedures consistent with the provisions of subchapter II of chapter 5 of title 5. (B) In the event the chief executive secures compliance after notice pursuant to subparagraph (A), the terms and conditions with which the affected State government or unit of local government agrees to comply shall be set forth in writing and signed by the chief executive of the State, by the chief executive of such unit (in the event of a violation by a unit of local government), and by the Office of Justice Programs. On or prior to the effective date of the agreement, the Office of Justice Programs shall send a copy of the agreement to each complainant, if any, with respect to such violation. The chief executive of the State, or the chief executive of the unit (in the event of a violation by a unit of local government) shall file semiannual reports with the Office of Justice Programs detailing the steps taken to comply with the agreement. These reports shall cease to be filed upon the determination of the Office of Justice Programs that compliance has been secured, or upon the determination by a Federal or State court that such State government or local governmental unit is in compliance with this section. Within fifteen days of receipt of such reports, the Office of Justice Programs shall send a copy thereof to each such complainant. (C) If, at the conclusion of ninety days after notification under subparagraph (A) - (i) compliance has not been secured by the chief executive of that State or the chief executive of that unit of local government; and (ii) an administrative law judge has not made a determination under subparagraph (F) that it is likely the State government or unit of local government will prevail on the merits; the Office of Justice Programs shall notify the Attorney General that compliance has not been secured and caused to have suspended further payment of any funds under this chapter to that program or activity. Such suspension shall be limited to the specific program or activity cited by the Office of Justice Programs in the notice under subparagraph (A). Such suspension shall be effective for a period of not more than one hundred and twenty days, or, if there is a hearing under subparagraph (G), not more than thirty days after the conclusion of such hearing, unless there has been an express finding by the Office of Justice Programs, after notice and opportunity for such a hearing, that the recipient is not in compliance with paragraph (1). (D) Payment of the suspended funds shall resume only if - (i) such State government or unit of local government enters into a compliance agreement approved by the Office of Justice Programs and the Attorney General in accordance with subparagraph (B); (ii) such State government or unit of local government complies fully with the final order or judgment of a Federal or State court, or by a Federal or State administrative agency if that order or judgment covers all the matters raised by the Office of Justice Programs in the notice pursuant to subparagraph (A), or is found to be in compliance with paragraph (1) by such court; or (iii) after a hearing the Office of Justice Programs pursuant to subparagraph (F) finds that noncompliance has not been demonstrated. (E) Whenever the Attorney General files a civil action alleging a pattern or practice of discriminatory conduct on the basis of race, color, religion, national origin, or sex in any program or activity of a State government or unit of local government which State government or unit of local government receives funds made available under this chapter, and the conduct allegedly violates the provisions of this section and neither party within forty-five days after such filing has been granted such preliminary relief with regard to the suspension or payment of funds as may be otherwise available by law, the Office of Justice Programs shall cause to have suspended further payment of any funds under this chapter to that specific program or activity alleged by the Attorney General to be in violation of the provisions of this subsection until such time as the court orders resumption of payment. (F) Prior to the suspension of funds under subparagraph (C), but within the ninety-day period after notification under subparagraph (C), the State government or unit of local government may request an expedited preliminary hearing on the record in accordance with section 554 of title 5, in order to determine whether it is likely that the State government or unit of local government would, at a full hearing under subparagraph (G), prevail on the merits on the issue of the alleged noncompliance. A finding under this subparagraph by the administrative law judge in favor of the State government or unit of local government shall defer the suspension of funds under subparagraph (C) pending a finding of noncompliance at the conclusion of the hearing on the merits under subparagraph (G). (G)(i) At any time after notification under subparagraph (A), but before the conclusion of the one-hundred-and-twenty-day period referred to in subparagraph (C), a State government or unit of local government may request a hearing on the record in accordance with section 554 of title 5, which the Office of Justice Programs shall initiate within sixty days of such request. (ii) Within thirty days after the conclusion of the hearing, or, in the absence of a hearing, at the conclusion of the one-hundred- and-twenty-day period referred to in subparagraph (C), the Office of Justice Programs shall make a finding of compliance or noncompliance. If the Office of Justice Programs makes a finding of noncompliance, the Office of Justice Programs shall notify the Attorney General in order that the Attorney General may institute a civil action under paragraph (3), cause to have terminated the payment of funds under this chapter, and, if appropriate, seek repayment of such funds. (iii) If the Office of Justice Programs makes a finding of compliance, payment of the suspended funds shall resume as provided in subparagraph (D). (H) Any State government or unit of local government aggrieved by a final determination of the Office of Justice Programs under subparagraph (G) may appeal such determination as provided in section 3785 (!1) of this title. (3) Whenever the Attorney General has reason to believe that a State government or unit of local government has engaged in or is engaging in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in an appropriate United States district court. Such court may grant as relief any temporary restraining order, preliminary or permanent injunction, or other order, as necessary or appropriate to insure the full enjoyment of the rights described in this section, including the suspension, termination, or repayment of such funds made available under this chapter as the court may deem appropriate, or placing any further such funds in escrow pending the outcome of the litigation. (4)(A) Whenever a State government or unit of local government, or any officer or employee thereof acting in an official capacity, has engaged or is engaging in any act or practice prohibited by this subsection, a civil action may be instituted after exhaustion of administrative remedies by the person aggrieved in an appropriate United States district court or in a State court of general jurisdiction. Administrative remedies shall be deemed to be exhausted upon the expiration of sixty days after the date the administrative complaint was filed with the Office of Justice Programs or any other administrative enforcement agency, unless within such period there has been a determination by the Office of Justice Programs or the agency on the merits of the complaint, in which case such remedies shall be deemed exhausted at the time the determination becomes final. (B) In any civil action brought by a private person to enforce compliance with any provision of this subsection, the court may grant to a prevailing plaintiff reasonable attorney fees, unless the court determines that the lawsuit is frivolous, vexatious, brought for harassment purposes, or brought principally for the purpose of gaining attorney fees. (C) In any action instituted under this section to enforce compliance with paragraph (1), the Attorney General, or a specially designated assistant for or in the name of the United States, may intervene upon timely application if he certifies that the action is of general public importance. In such action the United States shall be entitled to the same relief as if it had instituted the action. -SOURCE- (Pub. L. 90-351, title I, Sec. 809, formerly Sec. 815, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1206; renumbered Sec. 809 and amended Pub. L. 98-473, title II, Sec. 609B(f), (h)), Oct. 12, 1984, 98 Stat. 2093, 2095; Pub. L. 103-322, title XXXIII, Sec. 330001(h)(11), Sept. 13, 1994, 108 Stat. 2139.) -REFTEXT- REFERENCES IN TEXT Section 3785 of this title, referred to in subsec. (c)(2)(H), was repealed by Pub. L. 109-162, title XI, Sec. 1155(3), Jan. 5, 2006, 119 Stat. 3114. -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in former section 3766 of this title prior to the general amendment of this chapter by Pub. L. 96-157. A prior section 809 of Pub. L. 90-351, title I, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1204, amended section 5315 of Title 5, Government Organization and Employees, prior to repeal by section 609B(e) of Pub. L. 98-473. AMENDMENTS 1994 - Subsec. (c)(2)(H). Pub. L. 103-322 made technical amendment to reference to section 3785 of this title to correct reference to corresponding section of original act. 1984 - Subsec. (a). Pub. L. 98-473, Sec. 609B(h)(2), struck out "contained" after "Nothing". Subsec. (c). Pub. L. 98-473, Sec. 609B(h)(3), substituted "Office of Justice Programs" for "Office of Justice Assistance, Research, and Statistics" wherever appearing. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 609B(h) of Pub. L. 98-473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 42 USC Sec. 3789e 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3789e. Report to President and Congress -STATUTE- Not later than April 1 of each year, the Assistant Attorney General, the Director of the Bureau of Justice Assistance, the Director of the Bureau of Justice Statistics, and the Director of the National Institute of Justice shall each submit a report to the President and to the Speaker of the House of Representatives and the President of the Senate, on their activities under this chapter during the fiscal year next preceding such date. -SOURCE- (Pub. L. 90-351, title I, Sec. 810, formerly Sec. 816, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1209; renumbered Sec. 810 and amended Pub. L. 98-473, title II, Sec. 609B(f), (i), Oct. 12, 1984, 98 Stat. 2093, 2095.) -MISC1- PRIOR PROVISIONS A prior section 810 of Pub. L. 90-351 was classified to section 3788 of this title prior to repeal by section 609B(e) of Pub. L. 98- 473. AMENDMENTS 1984 - Pub. L. 98-473, Sec. 609B(i), substituted requirement of individual reports by certain officials of listed agencies to the President and the Speaker of the House and President of the Senate for former subsec. (a) through (e) provisions which included requirement of an annual report on or before March 31 of each year to the President and Committees on the Judiciary of the Senate and the House, including description of scope of coverage; report covering receipt and compilation of evaluations, statistics, and performance reports, comprehensive statistics, analyses, and findings respecting attainment of described objectives; plan for collection, analysis, and evaluation of data for measurement of progress in prescribed and additional areas, definition of "comprehensive statistics" and "reasonably expected contribution"; attainment of reasonably expected contribution in prescribed and added areas; and data collection, including minimum duplication. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 609B(i) of Pub. L. 98-473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -TRANS- TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, Sec. 108(b)] of Pub. L. 106-113, set out as a note under section 3741 of this title. -End- -CITE- 42 USC Sec. 3789f 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3789f. Other administrative provisions -STATUTE- (a) Recordkeeping requirement; scope of disclosure; other sources of funds Each recipient of funds under this chapter shall keep such records as the Office of Justice Programs shall prescribe, including records which fully disclose the amount and disposition by such recipient of the funds, the total cost of the project or undertaking for which such funds are used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (b) Access to records for audit and examination The Office of Justice Programs or any of its duly authorized representatives, shall have access for purpose of audit and examination of any books, documents, papers, and records of the recipients of funds under this chapter which in the opinion of the Office of Justice Programs may be related or pertinent to the grants, contracts, subcontracts, subgrants, or other arrangements referred to under this chapter. (c) Audit and examination period after completion of program or project The Comptroller General of the United States or any of his duly authorized representatives, shall, until the expiration of three years after the completion of the program or project with which the assistance is used, have access for the purpose of audit and examination to any books, documents, papers, and records of recipients of Federal funds under this chapter which in the opinion of the Comptroller General may be related or pertinent to the grants, contracts, subcontracts, subgrants, or other arrangements referred to under this chapter. (d) Recipients of assistance subject to provisions of section The provisions of this section shall apply to all recipients of assistance under this chapter, whether by direct grant, cooperative agreement, or contract under this chapter or by subgrant or subcontract from primary grantees or contractors under this chapter. (e) Revolving fund for acquisition of stolen goods and property within Bureau of Justice Assistance There is hereby established within the Bureau of Justice Assistance a revolving fund for the purpose of supporting projects that will acquire stolen goods and property in an effort to disrupt illicit commerce in such goods and property. Notwithstanding any other provision of law, any income or royalties generated from such projects together with income generated from any sale or use of such goods or property, where such goods or property are not claimed by their lawful owner, shall be paid into the revolving fund. Where a party establishes a legal right to such goods or property, the Administrator of the fund may in his discretion assert a claim against the property or goods in the amount of Federal funds used to purchase such goods or property. Proceeds from such claims shall be paid into the revolving fund. The Administrator is authorized to make disbursements by appropriate means, including grants, from the fund for the purpose of this section. -SOURCE- (Pub. L. 90-351, title I, Sec. 811, formerly Sec. 817, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1212; renumbered Sec. 811 and amended Pub. L. 98-473, title II, Sec. 609B(f), (j), Oct. 12, 1984, 98 Stat. 2093, 2096; Pub. L. 103-322, title XXXIII, Sec. 330001(h)(12), Sept. 13, 1994, 108 Stat. 2139.) -MISC1- PRIOR PROVISIONS A prior section 811 of Pub. L. 90-351 was classified to section 3789 of this title prior to repeal by section 609B(e) of Pub. L. 98- 473. AMENDMENTS 1994 - Subsec. (e). Pub. L. 103-322 substituted "Bureau of Justice Assistance" for "Law Enforcement Assistance Administration". 1984 - Subsecs. (a), (b). Pub. L. 98-473, Sec. 609B(j)(1), substituted "Office of Justice Programs" for "Office of Justice Assistance, Research, and Statistics" wherever appearing. Subsecs. (d) to (f). Pub. L. 98-473, Sec. 609B(j)(2), (3), redesignated subsecs. (e) and (f) as (d) and (e), respectively, and struck out former subsec. (d) relating to civil rights regulations and conforming changes of the regulations. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 609B(j) of Pub. L. 98-473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -End- -CITE- 42 USC Sec. 3789g 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3789g. Confidentiality of information -STATUTE- (a) Research or statistical information; immunity from process; prohibition against admission as evidence or use in any proceedings No officer or employee of the Federal Government, and no recipient of assistance under the provisions of this chapter shall use or reveal any research or statistical information furnished under this chapter by any person and identifiable to any specific private person for any purpose other than the purpose for which it was obtained in accordance with this chapter. Such information and copies thereof shall be immune from legal process, and shall not, without the consent of the person furnishing such information, be admitted as evidence or used for any purpose in any action, suit, or other judicial, legislative, or administrative proceedings. (b) Criminal history information; disposition and arrest data; procedures for collection, storage, dissemination, and current status; security and privacy; availability for law enforcement, criminal justice, and other lawful purposes; automated systems: review, challenge, and correction of information All criminal history information collected, stored, or disseminated through support under this chapter shall contain, to the maximum extent feasible, disposition as well as arrest data where arrest data is included therein. The collection, storage, and dissemination of such information shall take place under procedures reasonably designed to insure that all such information is kept current therein; the Office of Justice Programs shall assure that the security and privacy of all information is adequately provided for and that information shall only be used for law enforcement and criminal justice and other lawful purposes. In addition, an individual who believes that criminal history information concerning him contained in an automated system is inaccurate, incomplete, or maintained in violation of this chapter, shall, upon satisfactory verification of his identity, be entitled to review such information and to obtain a copy of it for the purpose of challenge or correction. (c) Criminal intelligence systems and information; prohibition against violation of privacy and constitutional rights of individuals All criminal intelligence systems operating through support under this chapter shall collect, maintain, and disseminate criminal intelligence information in conformance with policy standards which are prescribed by the Office of Justice Programs and which are written to assure that the funding and operation of these systems furthers the purpose of this chapter and to assure that such systems are not utilized in violation of the privacy and constitutional rights of individuals. (d) Violations; fine as additional penalty Any person violating the provisions of this section, or of any rule, regulation, or order issued thereunder, shall be fined not to exceed $10,000, in addition to any other penalty imposed by law. -SOURCE- (Pub. L. 90-351, title I, Sec. 812, formerly Sec. 818, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1213; renumbered Sec. 812 and amended Pub. L. 98-473, title II, Sec. 609B(f), (k), Oct. 12, 1984, 98 Stat. 2093, 2096; Pub. L. 109-162, title XI, Sec. 1115(c), Jan. 5, 2006, 119 Stat. 3104.) -MISC1- PRIOR PROVISIONS A prior section 812 of Pub. L. 90-351 was classified to section 3789a of this title prior to repeal by section 609B(e) of Pub. L. 98-473. AMENDMENTS 2006 - Subsec. (a). Pub. L. 109-162 substituted "No" for "Except as provided by Federal law other than this chapter, no". 1984 - Subsecs. (b), (c). Pub. L. 98-473, 609B(k), substituted "Office of Justice Programs" for "Office of Justice Assistance, Research, and Statistics". EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 609B(k) of Pub. L. 98-473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -End- -CITE- 42 USC Sec. 3789h 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3789h. Repealed. -MISC1- Sec. 3789h. Repealed. Pub. L. 98-473, title II, Sec. 609B(e), (l), Oct. 12, 1984, 98 Stat. 2093, 2096. Section, Pub. L. 90-351, title I, Sec. 819, as added Pub. L. 96- 157, Sec. 2, Dec. 27, 1979, 93 Stat. 1213, authorized acceptance of voluntary services. See section 3788(g) of this title. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -End- -CITE- 42 USC Sec. 3789i 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3789i. Administration of juvenile delinquency programs -STATUTE- The Director of the National Institute of Justice and the Director of the Bureau of Justice Statistics shall work closely with the Administrator of the Office of Juvenile Justice and Delinquency Prevention in developing and implementing programs in the juvenile justice and delinquency prevention field. -SOURCE- (Pub. L. 90-351, title I, Sec. 813, formerly Sec. 820, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1214; renumbered Sec. 813 and amended Pub. L. 98-473, title II, Sec. 609B(f), (m), Oct. 12, 1984, 98 Stat. 2093, 2096.) -MISC1- PRIOR PROVISIONS A prior section 813 of Pub. L. 90-351 was classified to section 3789b of this title prior to repeal by section 609B(e) of Pub. L. 98-473. AMENDMENTS 1984 - Pub. L. 98-473, Sec. 609B(m), struck out subsec. (a) relating to programs concerned with juvenile delinquency and administered by the Law Enforcement Assistance Administration and struck out subsec. (b) designation. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 609B(m) of Pub. L. 98-473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -End- -CITE- 42 USC Sec. 3789j 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3789j. Prohibition on land acquisition -STATUTE- No funds under this chapter shall be used for land acquisition. -SOURCE- (Pub. L. 90-351, title I, Sec. 814, formerly Sec. 821, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1214; renumbered Sec. 814, Pub. L. 98-473, title II, Sec. 609B(f), Oct. 12, 1984, 98 Stat. 2093.) -MISC1- PRIOR PROVISIONS A prior section 814 of Pub. L. 90-351 was classified to section 3789c of this title prior to repeal by section 609B(e) of Pub. L. 98-473. -End- -CITE- 42 USC Sec. 3789k 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3789k. Prohibition on use of Central Intelligence Agency services -STATUTE- Notwithstanding any other provision of this chapter, no use will be made of services, facilities, or personnel of the Central Intelligence Agency. -SOURCE- (Pub. L. 90-351, title I, Sec. 815, formerly Sec. 822, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1214; renumbered Sec. 815, Pub. L. 98-473, title II, Sec. 609B(f), Oct. 12, 1984, 98 Stat. 2093.) -MISC1- PRIOR PROVISIONS A prior section 815 of Pub. L. 90-351 was renumbered section 809 and is classified to section 3789d of this title. -End- -CITE- 42 USC Sec. 3789l 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3789l. Indian liability waiver -STATUTE- Where a State does not have an adequate forum to enforce grant provisions imposing liability on Indian tribes, the Assistant Attorney General is authorized to waive State liability and may pursue such legal remedies as are necessary. -SOURCE- (Pub. L. 90-351, title I, Sec. 816, formerly Sec. 823, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1214; renumbered Sec. 816 and amended Pub. L. 98-473, title II, Sec. 609B(f), (n), Oct. 12, 1984, 98 Stat. 2093, 2096.) -MISC1- PRIOR PROVISIONS A prior section 816 of Pub. L. 90-351 was renumbered section 810 and is classified to section 3789e of this title. AMENDMENTS 1984 - Pub. L. 98-473, Sec. 609B(n), substituted "Assistant Attorney General" for "Administration". EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 609B(n) of Pub. L. 98-473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -End- -CITE- 42 USC Sec. 3789m 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3789m. District of Columbia matching fund source -STATUTE- Funds appropriated by the Congress for the activities of any agency of the District of Columbia government or the United States Government performing law enforcement functions in and for the District of Columbia may be used to provide the non-Federal share of the cost of programs or projects funded under this chapter. -SOURCE- (Pub. L. 90-351, title I, Sec. 817, formerly Sec. 824, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1214; renumbered Sec. 817, Pub. L. 98-473, title II, Sec. 609B(f), Oct. 12, 1984, 98 Stat. 2093.) -MISC1- PRIOR PROVISIONS A prior section 817 of Pub. L. 90-351 was renumbered section 811 and is classified to section 3789f of this title. -End- -CITE- 42 USC Sec. 3789n 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3789n. Limitation on civil justice matters -STATUTE- Authority of any entity established under this chapter shall extend to civil justice matters only to the extent that such civil justice matters bear directly and substantially upon criminal justice matters or are inextricably intertwined with criminal justice matters. -SOURCE- (Pub. L. 90-351, title I, Sec. 818, formerly Sec. 825, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1214; renumbered Sec. 818, Pub. L. 98-473, title II, Sec. 609B(f), Oct. 12, 1984, 98 Stat. 2093.) -MISC1- PRIOR PROVISIONS A prior section 818 of Pub. L. 90-351 was renumbered section 812 and is classified to section 3789g of this title. -End- -CITE- 42 USC Sec. 3789o 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3789o. Repealed. -MISC1- Sec. 3789o. Repealed. Pub. L. 98-473, title II, Sec. 609B(e), Oct. 12, 1984, 98 Stat. 2093. Section, Pub. L. 90-351, title I, Sec. 826, as added Pub. L. 96- 157, Sec. 2, Dec. 27, 1979, 93 Stat. 1214, required reimbursement of Federal assistance for unused equipment. -End- -CITE- 42 USC Sec. 3789p 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS -HEAD- Sec. 3789p. Accountability and oversight -STATUTE- (a) Report by grant recipients The Attorney General or Secretary of Health and Human Services, as applicable, shall require grantees under any program authorized or reauthorized by this division or an amendment made by this division to report on the effectiveness of the activities carried out with amounts made available to carry out that program, including number of persons served, if applicable, numbers of persons seeking services who could not be served and such other information as the Attorney General or Secretary may prescribe. (b) Report to Congress The Attorney General or Secretary of Health and Human Services, as applicable, shall report biennially to the Committees on the Judiciary of the House of Representatives and the Senate on the grant programs described in subsection (a) of this section, including the information contained in any report under that subsection. -SOURCE- (Pub. L. 106-386, div. B, Sec. 1003, Oct. 28, 2000, 114 Stat. 1491.) -REFTEXT- REFERENCES IN TEXT This division, referred to in subsec. (a), is division B of Pub. L. 106-386, Oct. 28, 2000, 114 Stat. 1491, known as the Violence Against Women Act of 2000. For complete classification of division B to the Code, see Short Title of 2000 Amendment note set out under section 13701 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Violence Against Women Act of 2000, and also as part of the Victims of Trafficking and Violence Protection Act of 2000, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. -End- -CITE- 42 USC SUBCHAPTER IX - DEFINITIONS 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER IX - DEFINITIONS -HEAD- SUBCHAPTER IX - DEFINITIONS -End- -CITE- 42 USC Sec. 3791 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER IX - DEFINITIONS -HEAD- Sec. 3791. General provisions -STATUTE- (a) Definitions As used in this chapter - (1) "criminal justice" means activities pertaining to crime prevention, control, or reduction, or the enforcement of the criminal law, including, but not limited to, police efforts to prevent, control, or reduce crime or to apprehend criminals, including juveniles, activities of courts having criminal jurisdiction, and related agencies (including but not limited to prosecutorial and defender services, juvenile delinquency agencies and pretrial service or release agencies), activities of corrections, probation, or parole authorities and related agencies assisting in the rehabilitation, supervision, and care of criminal offenders, and programs relating to the prevention, control, or reduction of narcotic addiction and juvenile delinquency; (2) "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands: Provided, That for the purposes of section 3755(a) of this title, American Samoa and the Commonwealth of the Northern Mariana Islands shall be considered as one state (!1) and that for these purposes 67 per centum of the amounts allocated shall be allocated to American Samoa, and 33 per centum to the Commonwealth of the Northern Mariana Islands.(!2) (3) "unit of local government" means - (A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; (B) any law enforcement district or judicial enforcement district that - (i) is established under applicable State law; and (ii) has the authority to, in a manner independent of other State entities, establish a budget and impose taxes; (C) an Indian Tribe that performs law enforcement functions, as determined by the Secretary of the Interior; or (D) for the purposes of assistance eligibility, any agency of the government of the District of Columbia or the Federal Government that performs law enforcement functions in and for - (i) the District of Columbia; or (ii) any Trust Territory of the United States; (4) "construction" means the erection, acquisition, renovation, repairs, remodeling, or expansion of new or existing buildings or other physical facilities, and the acquisition or installation of initial equipment therefor; (5) "combination" as applied to States or units of local government means any grouping or joining together of such States or units for the purpose of preparing, developing, or implementing a criminal justice program, plan, or project; (6) "public agency" means any State, unit of local government, combination of such States or units, or any department, agency, or instrumentality of any of the foregoing; (7) "correctional facility" means any place for the confinement or rehabilitation of offenders or individuals charged with or convicted of criminal offenses; (8) "correctional facility project" means a project for the construction, replacement, alteration or expansion of a prison or jail for the purpose of relieving overcrowding or substandard conditions; (9) "criminal history information" includes records and related data, contained in an automated or manual criminal justice informational system, compiled by law enforcement agencies for the purpose of identifying criminal offenders and alleged offenders and maintaining as to such persons records of arrests, the nature and disposition of criminal charges, sentencing, confinement, rehabilitation, and release; (10) "evaluation" means the administration and conduct of studies and analyses to determine the impact and value of a project or program in accomplishing the statutory objectives of this chapter; (11) "neighborhood or community-based organizations" means organizations, including faith-based, that are representative of communities or significant segments of communities; (12) "chief executive" means the highest official of a State or local jurisdiction; (13) "cost of construction" means all expenses found by the Director to be necessary for the construction of the project, including architect and engineering fees, but excluding land acquisition costs; (14) "population" means total resident population based on data compiled by the United States Bureau of the Census and referable to the same point or period in time; (15) "Attorney General" means the Attorney General of the United States or his designee; (16) "court of last resort" means that State court having the highest and final appellate authority of the State. In States having two or more such courts, court of last resort shall mean that State court, if any, having highest and final appellate authority, as well as both administrative responsibility for the State's judicial system and the institutions of the State judicial branch and rulemaking authority. In other States having two or more courts with highest and final appellate authority, court of last resort shall mean the highest appellate court which also has either rulemaking authority or administrative responsibility for the State's judicial system and the institutions of the State judicial branch. Except as used in the definition of the term "court of last resort" the term "court" means a tribunal recognized as a part of the judicial branch of a State or of its local government units; (17) "institution of higher education" means any such institution as defined by section 1001 of title 20, subject, however, to such modifications and extensions as the Office may determine to be appropriate; (18) "white-collar crime" means an illegal act or series of illegal acts committed by nonphysical means and by concealment or guile, to obtain money or property, to avoid the payment or loss of money or property, or to obtain business or personal advantage; (19) "proven effectiveness" means that a program, project, approach, or practice has been shown by analysis of performance and results to make a significant contribution to the accomplishment of the objectives for which it was undertaken or to have a significant effect in improving the condition or problem it was undertaken to address; (20) "record of proven success" means that a program, project, approach, or practice has been demonstrated by evaluation or by analysis of performance data and information to be successful in a number of jurisdictions or over a period of time in contributing to the accomplishment of objectives or to improving conditions identified with the problem, to which it is addressed; (21) "high probability of improving the criminal justice system" means that a prudent assessment of the concepts and implementation plans included in a proposed program, project, approach, or practice, together with an assessment of the problem to which it is addressed and of data and information bearing on the problem, concept, and implementation plan, provides strong evidence that the proposed activities would result in identifiable improvements in the criminal justice system if implemented as proposed; (22) "correctional option" includes community-based incarceration, weekend incarceration, boot camp prison, electronic monitoring of offenders, intensive probation, and any other innovative punishment designed to have the greatest impact on offenders who can be punished more effectively in an environment other than a traditional correctional facility; (23) "boot camp prison" includes a correctional facility in which inmates are required to participate in a highly regimented program that provides strict discipline, physical training, and hard labor, together with extensive rehabilitative activities and with educational, job training, and drug treatment support; (24) the term "young offender" means a non-violent first-time offender or a non-violent offender with a minor criminal record who is 22 years of age or younger (including juveniles); (25) the term "residential substance abuse treatment program" means a course of individual and group activities, lasting between 6 and 12 months, in residential treatment facilities set apart from the general prison population - (A) directed at the substance abuse problems of the prisoner; and (B) intended to develop the prisoner's cognitive, behavioral, social, vocational, and other skills so as to solve the prisoner's substance abuse and related problems; (26) the term "Indian Tribe" has the meaning given the term "Indian tribe" in section 450b(e) of title 25; and (27) the term "private person" means any individual (including an individual acting in his official capacity) and any private partnership, corporation, association, organization, or entity (or any combination thereof). (b) Data basis for definitions; reflection of technical changes or modifications Where appropriate, the definitions in subsection (a) of this section shall be based, with respect to any fiscal year, on the most recent data compiled by the United States Bureau of the Census and the latest published reports of the Office of Management and Budget available ninety days prior to the beginning of such fiscal year. The Office may by regulation change or otherwise modify the meaning of the terms defined in subsection (a) of this section in order to reflect any technical change or modification thereof made subsequent to such date by the United States Bureau of the Census or the Office of Management and Budget. (c) Designation of public agencies for undertaking a program or project One or more public agencies, including existing local public agencies, may be designated by the chief executive officer of a State or a unit of local government to undertake a program or project in whole or in part. -SOURCE- (Pub. L. 90-351, title I, Sec. 901, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1216; amended Pub. L. 98-473, title II, Sec. 609C, Oct. 12, 1984, 98 Stat. 2096; Pub. L. 99-396, Sec. 7, Aug. 27, 1986, 100 Stat. 839; Pub. L. 100-690, title VI, Sec. 6092(b), Nov. 18, 1988, 102 Stat. 4339; Pub. L. 101-219, title II, Sec. 206, Dec. 12, 1989, 103 Stat. 1874; Pub. L. 101-647, title XVIII, Sec. 1801(c), Nov. 29, 1990, 104 Stat. 4849; Pub. L. 103- 322, title II, Sec. 20201(c), title III, Sec. 32101(c), title XXXIII, Sec. 330001(d), (h)(13), Sept. 13, 1994, 108 Stat. 1822, 1900, 2138, 2140; Pub. L. 105-244, title I, Sec. 102(a)(13)(D), Oct. 7, 1998, 112 Stat. 1620; Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 129(b)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-76; Pub. L. 109-162, title XI, Secs. 1111(c)(2)(F), 1156, Jan. 5, 2006, 119 Stat. 3102, 3114.) -MISC1- PRIOR PROVISIONS A prior section 3791 of this title, Pub. L. 90-351, title I, Sec. 651, as added Pub. L. 91-644, title I, Sec. 10, Jan. 2, 1971, 84 Stat. 1889; amended Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 218, related to embezzlement, theft, and fraud, prior to the general amendment of this chapter by Pub. L. 96-157. See section 3795 of this title. A prior section 901 of Pub. L. 90-351, title IV, June 19, 1968, 82 Stat. 225, was classified as a note under section 921 of Title 18, Crimes and Criminal Procedure. A prior section 3792 of this title, Pub. L. 90-351, title I, Sec. 652, as added Pub. L. 91-644, title I, Sec. 10, Jan. 2, 1971, 84 Stat. 1889; amended Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 218, related to fraudulent and false statements or entries, prior to the general amendment of this chapter by Pub. L. 96-157. See section 3795a of this title. AMENDMENTS 2006 - Subsec. (a)(2). Pub. L. 109-162, Sec. 1111(c)(2)(F), which directed the substitution of "for the purposes of section 3755(a) of this title" for "for the purposes of section 3756(a) of this title", was executed by making the substitution for "for the purpose of section 3756(a) of this title", to reflect the probable intent of Congress. Subsec. (a)(3)(C). Pub. L. 109-162, Sec. 1156(1), struck out "(as that term is defined in section 5603 of this title)" after "an Indian Tribe". Subsec. (a)(5). Pub. L. 109-162, Sec. 1156(2), substituted "program, plan, or project" for "program or project". Subsec. (a)(11). Pub. L. 109-162, Sec. 1156(3), substituted ", including faith-based, that" for "which". Subsec. (a)(26), (27). Pub. L. 109-162, Sec. 1156(4), added pars. (26) and (27). 1998 - Subsec. (a)(3). Pub. L. 105-277, which directed the general amendment of par. (3) of this section, was executed to subsec. (a)(3) of this section, to reflect the probable intent of Congress. Prior to amendment, subsec. (a)(3) read as follows: " 'unit of local government' means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, an Indian tribe which performs law enforcement functions as determined by the Secretary of the Interior, or, for the purpose of assistance eligibility, any agency of the District of Columbia government or the United States Government performing law enforcement functions in and for the District of Columbia, and the Trust Territory of the Pacific Islands;". Subsec. (a)(17). Pub. L. 105-244, which directed amendment of par. (17) of this section by substituting "1001" for "1141(a)", was executed to subsec. (a)(17) of this section, to reflect the probable intent of Congress. 1994 - Subsec. (a)(3). Pub. L. 103-322, Sec. 330001(h)(13), substituted "Columbia, and" for "Columbia and,". Subsec. (a)(21). Pub. L. 103-322, Secs. 20201(c)(1), 330001(d), amended par. (21) identically, inserting a semicolon at end. Subsec. (a)(22). Pub. L. 103-322, Sec. 20201(c)(2), struck out "and" at end. Subsec. (a)(23). Pub. L. 103-322, Sec. 32101(c)(1), which directed the striking out of "and" at end of par. (23), could not be executed because the word "and" did not appear at end of par. (23). Pub. L. 103-322, Sec. 20201(c)(3), substituted a semicolon for period at end. Subsec. (a)(24). Pub. L. 103-322, Sec. 32101(c)(2), substituted "; and" for period at end. Pub. L. 103-322, Sec. 20201(c)(4), added par. (24). Subsec. (a)(25). Pub. L. 103-322, Sec. 32101(c)(3), added par. (25). 1990 - Subsec. (a)(22), (23). Pub. L. 101-647 added pars. (22) and (23). 1989 - Subsec. (a)(2). Pub. L. 101-219 substituted "Provided, That for the purpose of section 3756(a) of this title, American Samoa and the Commonwealth of the Northern Mariana Islands shall be considered as one state and that for these purposes 67 per centum of the amounts allocated shall be allocated to American Samoa, and 33 per centum to the Commonwealth of the Northern Mariana Islands." for "Provided, That for the purposes of section 3756(a) of this title American Samoa, Guam, and the Northern Mariana Islands shall be considered as one State and that, for these purposes, 33 per centum of the amounts allocated shall be allocated to American Samoa, 50 per centum to Guam, and 17 per centum to the Northern Mariana Islands;". 1988 - Subsec. (a)(2). Pub. L. 100-690 substituted "section 3756(a)" for "section 3747(a)". 1986 - Subsec. (a)(2). Pub. L. 99-396, Sec. 7(1), included American Samoa, Guam, and the Northern Mariana Islands in definition of "State" and inserted proviso directing that for purposes of section 3747(a) of this title American Samoa, Guam, and the Northern Mariana Islands shall be considered as one State. Subsec. (a)(3). Pub. L. 99-396, Sec. 7(2), substituted "and" for ", Guam, American Samoa" after "in and for the District of Columbia" and struck out ", or the Commonwealth of the Northern Mariana Islands" after "Trust Territory of the Pacific Islands". 1984 - Subsec. (a)(2). Pub. L. 98-473, Sec. 609C(b)(1), struck out references to Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. Subsec. (a)(3). Pub. L. 98-473, Sec. 609C(b)(2), inserted references to Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. Subsec. (a)(4). Pub. L. 98-473, Sec. 609C(b)(3), extended definition of "construction" to include renovation, repairs, and remodeling and struck out previous exclusion of such items from definition. Subsec. (a)(7). Pub. L. 98-473, Sec. 609C(b)(4), substituted "correctional facility" for "correctional institution or facility". Subsec. (a)(8). Pub. L. 98-473, Sec. 609C(b)(5), substituted definition of "correctional facility project" for "comprehensive". Subsec. (a)(13). Pub. L. 98-473, Sec. 609C(b)(6), substituted definition of "cost of construction" for "municipality". Subsecs. (a)(17), (b). Pub. L. 98-473, Sec. 609C(a), substituted "Office" for "Administration". EFFECTIVE DATE OF 2006 AMENDMENT Amendment by section 1111(c)(2)(F) of Pub. L. 109-162 applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109- 162, set out as a note under section 3750 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105- 244, set out as a note under section 1001 of Title 20, Education. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -FOOTNOTE- (!1) So in original. Probably should be capitalized. (!2) So in original. The period probably should be a semicolon. -End- -CITE- 42 USC SUBCHAPTER X - FUNDING 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER X - FUNDING -HEAD- SUBCHAPTER X - FUNDING -End- -CITE- 42 USC Sec. 3793 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER X - FUNDING -HEAD- Sec. 3793. Authorization of appropriations -STATUTE- (a)(1) There is authorized to be appropriated $30,000,000 for fiscal year 1992 and $33,000,000 for each of the fiscal years 1994 and 1995 to carry out the functions of the Bureau of Justice Statistics. (2) There is authorized to be appropriated $30,000,000 for fiscal year 1992 and $33,000,000 for each of the fiscal years 1994 and 1995 to carry out the functions of the National Institute of Justice. (3) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992 and $28,000,000 for each of the fiscal years 1994 and 1995 to carry out the remaining functions of the Office of Justice Programs and the Bureau of Justice Assistance other than functions under subchapters IV, V, VI,(!1) VII, XII, XII- A, XII-B, XII-C, XII-D, XII-E, XII-F, XII-G, XII-H, XII-I, XII- J,(!1) XII-K, and XII-L or (!2) XVI of this chapter. (4) There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out subchapter XII of this chapter. (5) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992 and $1,000,000,000 for each of the fiscal years 1994 and 1995 to carry out the programs under subchapters IV and V (other than subpart 2 of part B) (!3) (other than subpart 2 of part B of subchapter V) of this chapter. (6) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992, $245,000,000 for fiscal year 1993, and such sums as may be necessary for fiscal year (!4) 1994 and 1995 to carry out subpart 2 of part B of subchapter V of this chapter. (7) There is authorized to be appropriated to carry out subchapter XII-B of this chapter $1,000,000 for each of fiscal years 2001 through 2005. (8) There are authorized to be appropriated such sums as may be necessary for fiscal year 1992, $16,500,000 for fiscal year 1993, and such sums as may be necessary for fiscal year (!4) 1994 and 1995. (9) There are authorized to be appropriated to carry out subchapter XII-C of this chapter - (A) $24,000,000 for fiscal year 1996; (B) $40,000,000 for fiscal year 1997; (C) $50,000,000 for fiscal year 1998; (D) $60,000,000 for fiscal year 1999; and (E) $66,000,000 for fiscal year 2000. (10) There are (!5) authorized to be appropriated $10,000,000 for each of the fiscal years 1994, 1995, and 1996 to carry out projects under subchapter XII-D of this chapter. (11)(A) There are authorized to be appropriated to carry out subchapter XII-E of this chapter, to remain available until expended $1,047,119,000 for each of fiscal years 2006 through 2009. (B) Of funds available under subchapter XII-E of this chapter in any fiscal year, up to 3 percent may be used for technical assistance under section 3796dd(d) of this title or for evaluations or studies carried out or commissioned by the Attorney General in furtherance of the purposes of subchapter XII-E of this chapter. Of the remaining funds, 50 percent shall be allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations exceeding 150,000 or by public and private entities that serve areas with populations exceeding 150,000, and 50 percent shall be allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations 150,000 or less or by public and private entities that serve areas with populations 150,000 or less. In view of the extraordinary need for law enforcement assistance in Indian country, an appropriate amount of funds available under subchapter XII-E of this chapter shall be made available for grants to Indian tribal governments or tribal law enforcement agencies. (16) (!6) There are authorized to be appropriated to carry out projects under subchapter XII-F of this chapter - (A) $20,000,000 for fiscal year 1996; (B) $25,000,000 for fiscal year 1997; (C) $30,000,000 for fiscal year 1998; (D) $35,000,000 for fiscal year 1999; and (E) $40,000,000 for fiscal year 2000. (17) There are authorized to be appropriated to carry out the projects under subchapter XII-G of this chapter - (A) $27,000,000 for fiscal year 1996; (B) $36,000,000 for fiscal year 1997; (C) $63,000,000 for fiscal year 1998; (D) $72,000,000 for fiscal year 1999; and (E) $72,000,000 for fiscal year 2000. (18) There is authorized to be appropriated to carry out subchapter XII-H of this chapter $225,000,000 for each of fiscal years 2007 through 2011. (19) There is authorized to be appropriated to carry out subchapter XII-I of this chapter $75,000,000 for each of fiscal years 2007 through 2011. Funds appropriated under this paragraph shall remain available until expended..(!7) (20) There are authorized to be appropriated to carry out subchapter XII-J of this chapter, $10,000,000 for each of fiscal years 2001 through 2004. (21) There are authorized to be appropriated to carry out subchapter XII-K of this chapter - (1) $2,500,000 for fiscal year 1996; (2) $4,000,000 for fiscal year 1997; (3) $5,000,000 for fiscal year 1998; (4) $6,000,000 for fiscal year 1999; and (5) $7,500,000 for fiscal year 2000. (22) There are authorized to be appropriated to carry out subchapter XII-L of this chapter - (1) $1,000,000 for fiscal year 1996; (2) $3,000,000 for fiscal year 1997; (3) $5,000,000 for fiscal year 1998; (4) $13,500,000 for fiscal year 1999; and (5) $17,500,000 for fiscal year 2000. (23) There are authorized to be appropriated to carry out subchapter XII-M of this chapter, $25,000,000 for each of fiscal years 1999 through 2001, and $50,000,000 for each of fiscal years 2002 through 2012. (24) There are authorized to be appropriated to carry out subchapter XV of this chapter, to remain available until expended - (A) $35,000,000 for fiscal year 2001; (B) $85,400,000 for fiscal year 2002; (C) $134,733,000 for fiscal year 2003; (D) $128,067,000 for fiscal year 2004; (E) $56,733,000 for fiscal year 2005; (F) $42,067,000 for fiscal year 2006; (G) $20,000,000 for fiscal year 2007; (H) $20,000,000 for fiscal year 2008; and (I) $20,000,000 for fiscal year 2009. (25)(A) Except as provided in subparagraph (C), there are authorized to be appropriated to carry out subchapter XVI of this chapter - (i) $50,000,000 for fiscal year 2002; (ii) $54,000,000 for fiscal year 2003; (iii) $58,000,000 for fiscal year 2004; and (!8) (iv) $60,000,000 for fiscal year 2005.(!9) (v) (!10) $70,000,000 for each of fiscal years 2007 and 2008.(!11) (v) (!10) $70,000,000 for fiscal year 2006. (B) The Attorney General shall reserve not less than 1 percent and not more than 4.5 percent of the sums appropriated for this program in each fiscal year for research and evaluation of this program. (C) No funds made available to carry out subchapter XVI of this chapter shall be expended if the Attorney General fails to submit the report required to be submitted under section 2401(c) of title II of Division B of the 21st Century Department of Justice Appropriations Authorization Act.(!1) (26) There are authorized to be appropriated to carry out subchapter XV-A $10,000,000 for each of fiscal years 2009 and 2010. (b) Funds appropriated for any fiscal year may remain available for obligation until expended. (c) Notwithstanding any other provision of law, no funds appropriated under this section for subchapter V of this chapter may be transferred or reprogrammed for carrying out any activity which is not authorized under such subchapter. -SOURCE- (Pub. L. 90-351, title I, Sec. 1001, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1218; amended Pub. L. 98-473, title II, Sec. 609D(a), Oct. 12, 1984, 98 Stat. 2097; Pub. L. 99-570, title I, Sec. 1552(c), Oct. 27, 1986, 100 Stat. 3207-46; Pub. L. 100-690, title VI, Sec. 6093, Nov. 18, 1988, 102 Stat. 4339; Pub. L. 101- 647, title II, Sec. 241(c), title VIII, Sec. 801(b), title XVIII, Sec. 1801(e), title XXVIII, Sec. 2801, Nov. 29, 1990, 104 Stat. 4814, 4826, 4849, 4912; Pub. L. 102-521, Sec. 4(c), Oct. 25, 1992, 106 Stat. 3406; Pub. L. 102-534, Sec. 1, Oct. 27, 1992, 106 Stat. 3524; Pub. L. 103-322, title I, Sec. 10003(c), title II, Sec. 20201(d), title III, Sec. 32101(d), title IV, Secs. 40121(c), 40156(c)(1), 40231(c), title V, Sec. 50001(c), title XVIII, Sec. 180101(a), title XXI, Secs. 210201(c), 210302(c)(3), 210601, title XXXIII, Sec. 330001(b)(3), (h)(14), Sept. 13, 1994, 108 Stat. 1814, 1823, 1901, 1916, 1923, 1934, 1958, 2045, 2064, 2068, 2073, 2138, 2140; Pub. L. 104-134, title I, Sec. 101[(a)] [title I, Sec. 114(b)(1)(B)(i)], Apr. 26, 1996, 110 Stat. 1321, 1321-21; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 105-181, Sec. 3(b), June 16, 1998, 112 Stat. 515; Pub. L. 106-386, div. B, title I, Secs. 1103(a), 1104, title III, Sec. 1302(c), Oct. 28, 2000, 114 Stat. 1495, 1497, 1511; Pub. L. 106-515, Sec. 3(c), Nov. 13, 2000, 114 Stat. 2403; Pub. L. 106- 517, Sec. 3(f), Nov. 13, 2000, 114 Stat. 2409; Pub. L. 106-561, Sec. 2(c)(2)(A), Dec. 21, 2000, 114 Stat. 2791; Pub. L. 107-273, div. B, title II, Sec. 2302, Nov. 2, 2002, 116 Stat. 1798; Pub. L. 108-372, Sec. 4, Oct. 25, 2004, 118 Stat. 1755; Pub. L. 108-405, title III, Sec. 311(c), (d), Oct. 30, 2004, 118 Stat. 2277; Pub. L. 109-162, title I, Secs. 101(a), 102(a), title XI, Secs. 1116, 1142(b), 1163(c), Jan. 5, 2006, 119 Stat. 2972, 2975, 3104, 3110, 3120; Pub. L. 109-177, title VII, Sec. 752, Mar. 9, 2006, 120 Stat. 273; Pub. L. 110-199, title I, Sec. 112(b), Apr. 9, 2008, 122 Stat. 674; Pub. L. 110-421, Sec. 2, Oct. 15, 2008, 122 Stat. 4778.) -REFTEXT- REFERENCES IN TEXT Subchapter VI of this chapter, referred to in subsec. (a)(3), was repealed by Pub. L. 109-162, title XI, Sec. 1154(a), Jan. 5, 2006, 119 Stat. 3113. Subchapter XII-J of this chapter, referred to in subsec. (a)(3), was repealed by Pub. L. 104-134, title I, Sec. 101[(a)] [title I, Sec. 114(b)(1)(A)], Apr. 26, 1996, 110 Stat. 1321, 1321-21; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327. Section 2401(c) of title II of Division B of the 21st Century Department of Justice Appropriations Authorization Act, referred to in subsec. (a)(25)(C), probably means section 2301(c) of title II of div. B of Pub. L. 107-273, Nov. 2, 2002, 116 Stat. 1798, which is not classified to the Code. Pub. L. 107-273 does not contain a section 2401. -MISC1- PRIOR PROVISIONS A prior section 3793, Pub. L. 90-351, title I, Sec. 653, as added Pub. L. 91-644, title I, Sec. 10, Jan. 2, 1971, 84 Stat. 1889; amended Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 218, subjected the operation of the law enforcement and criminal justice program under this chapter to section 371 of Title 18, Crimes and Criminal Procedure, prior to the general amendment of this chapter by Pub. L. 96-157. See section 3795b of this title. A prior section 1001 of Pub. L. 90-351, title V, June 19, 1968, 82 Stat. 235, enacted section 7313 of Title 5, Government Organization and Employees. AMENDMENTS 2008 - Subsec. (a)(23). Pub. L. 110-421 substituted "2012" for "2009". Subsec. (a)(26). Pub. L. 110-199 added par. (26). 2006 - Subsec. (a)(11)(A). Pub. L. 109-162, Sec. 1163(c)(1), substituted provisions authorizing appropriations for fiscal years 2006 through 2009 for provisions authorizing appropriations for fiscal years 1995 through 2000. Subsec. (a)(11)(B). Pub. L. 109-162, Sec. 1163(c)(2), substituted "section 3796dd(d) of this title" for "section 3796dd(f) of this title" and struck out "Of the funds available in relation to grants under subchapter XII-E of this chapter, at least 85 percent shall be applied to grants for the purposes specified in section 3796dd(b) of this title, and no more than 15 percent may be applied to other grants in furtherance of the purposes of subchapter XII-E of this chapter." after second sentence. Subsec. (a)(18). Pub. L. 109-162, Sec. 101(a), substituted "$225,000,000 for each of fiscal years 2007 through 2011" for "$185,000,000 for each of fiscal years 2001 through 2005". Subsec. (a)(19). Pub. L. 109-162, Sec. 102(a), substituted "$75,000,000 for each of fiscal years 2007 through 2011. Funds appropriated under this paragraph shall remain available until expended." for "$65,000,000 for each of fiscal years 2001 through 2005". Subsec. (a)(23). Pub. L. 109-162, Sec. 1116, substituted "2009" for "2007". Subsec. (a)(25)(A)(v). Pub. L. 109-177, which directed amendment of par. (25)(A) of this section by adding cl. (v), relating to fiscal year 2006, at end, was executed by adding that cl. (v) at end of subsec. (a)(25)(A) of this section, to reflect the probable intent of Congress. Pub. L. 109-162, Sec. 1142(b), which directed amendment of par. (25)(A) of this section by adding cl. (v), relating to fiscal years 2007 and 2008, at end, was executed by adding cl. (v) at end of subsec. (a)(25)(A) of this section, to reflect the probable intent of Congress. 2004 - Subsec. (a)(23). Pub. L. 108-372 substituted "2007" for "2004". Subsec. (a)(24). Pub. L. 108-405, Sec. 311(d), realigned margins. Subsec. (a)(24)(G) to (I). Pub. L. 108-405, Sec. 311(c), added subpars. (G) to (I). Subsec. (a)(25). Pub. L. 108-405, Sec. 311(d), realigned margins. 2002 - Subsec. (a)(3). Pub. L. 107-273, Sec. 2302(1), inserted "or XVI" after "and XII-L". Subsec. (a)(25). Pub. L. 107-273, Sec. 2302(2), added par. (25). 2000 - Subsec. (a)(7). Pub. L. 106-386, Sec. 1302(c), added par. (7) and struck out former par. (7) which read as follows: "There are authorized to be appropriated to carry out subchapter XII-B of this chapter - "(A) $250,000 for fiscal year 1996; "(B) $1,000,000 for fiscal year 1997; "(C) $1,000,000 for fiscal year 1998; "(D) $1,000,000 for fiscal year 1999; and "(E) $1,000,000 for fiscal year 2000." Subsec. (a)(18). Pub. L. 106-386, Sec. 1103(a), added par. (18) and struck out former par. (18) which read as follows: "There are authorized to be appropriated to carry out subchapter XII-H of this chapter - "(A) $26,000,000 for fiscal year 1995; "(B) $130,000,000 for fiscal year 1996; "(C) $145,000,000 for fiscal year 1997; "(D) $160,000,000 for fiscal year 1998; "(E) $165,000,000 for fiscal year 1999; and "(F) $174,000,000 for fiscal year 2000." Subsec. (a)(19). Pub. L. 106-386, Sec. 1104, added par. (19) and struck out former par. (19) which read as follows: "There are authorized to be appropriated to carry out subchapter XII-I of this chapter - "(A) $28,000,000 for fiscal year 1996; "(B) $33,000,000 for fiscal year 1997; and "(C) $59,000,000 for fiscal year 1998." Subsec. (a)(20). Pub. L. 106-515 added par. (20). Subsec. (a)(23). Pub. L. 106-517 inserted ", and $50,000,000 for each of fiscal years 2002 through 2004" before period at end. Subsec. (a)(24). Pub. L. 106-561 added par. (24). 1998 - Subsec. (a)(23). Pub. L. 105-181 added par. (23). 1996 - Subsec. (a)(20). Pub. L. 104-134 struck out par. (20) which read as follows: "There are authorized to be appropriated to carry out subchapter XII-J of this chapter - "(A) $100,000,000 for fiscal year 1995; "(B) $150,000,000 for fiscal year 1996; "(C) $150,000,000 for fiscal year 1997; "(D) $200,000,000 for fiscal year 1998; "(E) $200,000,000 for fiscal year 1999; and "(F) $200,000,000 for fiscal year 2000." 1994 - Subsec. (a)(1), (2). Pub. L. 103-322, Sec. 210601(1), (2), substituted "1994 and 1995" for "1993 and 1994". Subsec. (a)(3). Pub. L. 103-322, Sec. 210601(3), substituted "1994 and 1995" for "1993 and 1994". Pub. L. 103-322, Sec. 210302(c)(3)(A), which directed the substitution of "XII-K, and XII-L" for "and XII-K" in par. (3) of this section, was executed by making the substitution in par. (3) of subsec. (a) to reflect the probable intent of Congress. Pub. L. 103-322, Sec. 210201(c)(1), substituted "XII-J, and XII- K" for "and XII-J". Pub. L. 103-322, Sec. 50001(c)(1), substituted "XII-I, and XII-J" for "and XII-I". Pub. L. 103-322, Sec. 40231(c)(1), substituted "XII-H, and XII-I" for "and XII-H". Pub. L. 103-322, Sec. 40121(c)(1), which directed the substitution of "XII-G, and XII-H" for "and XII-G", was executed by making the substitution for "or XII-G", to reflect the probable intent of Congress. See below. Pub. L. 103-322, Sec. 32101(d)(1), which directed the substitution of "XII-F, or XII-G" for "and XII-F", was executed by making the substitution for "or XII-F" to reflect the probable intent of Congress. See below. Pub. L. 103-322, Sec. 20201(d)(1), substituted "XII-E, or XII-F" for "and XII-E". Pub. L. 103-322, Sec. 10003(c)(1), substituted "XII-C, XII-D, and XII-E" for "and XII-C". Subsec. (a)(5). Pub. L. 103-322, Sec. 330001(b)(3), inserted "(other than subpart 2 of part B)" after "and V". Pub. L. 103-322, Sec. 210601(4), substituted "1994 and 1995" for "1993 and 1994". Subsec. (a)(6). Pub. L. 103-322, Sec. 210601(5), inserted "and 1995" after "1994". Subsec. (a)(7). Pub. L. 103-322, Sec. 210601(6), which directed the substitution of "1994 and 1995" for "1991, 1992, 1993, and 1994,", could not be executed because "1991, 1992, 1993, and 1994," did not appear in text of par. (7). See below. Pub. L. 103-322, Sec. 40156(c)(1), amended par. (7) generally. Prior to amendment, par. (7) read as follows: "There is authorized to be appropriated $25,000,000 for each of the fiscal years 1992, 1993, and 1994 to carry out the programs under subchapter XII-B of this chapter." Subsec. (a)(8). Pub. L. 103-322, Sec. 210601(7), inserted "and 1995" after "1994". Subsec. (a)(9). Pub. L. 103-322, Sec. 210601(8), which directed the insertion of "and 1995" after "1994", could not be executed because "1994" did not appear in text subsequent to amendment by Pub. L. 103-322, Sec. 180101(a). See below. Pub. L. 103-322, Sec. 180101(a), amended par. (9) generally. Prior to amendment, par. (9) read as follows: "There are authorized to be appropriated such sums as may be necessary for fiscal year 1992, $22,000,000 for fiscal year 1993, and such sums as may be necessary for fiscal year 1994 to carry out subchapter XII-C of this chapter." Subsec. (a)(11). Pub. L. 103-322, Sec. 10003(c)(2), added par. (11). Subsec. (a)(16). Pub. L. 103-322, Sec. 20201(d)(2), added par. (16). Subsec. (a)(17). Pub. L. 103-322, Sec. 32101(d)(2), added par. (17). Subsec. (a)(18). Pub. L. 103-322, Sec. 40121(c)(2), added par. (18). Subsec. (a)(19). Pub. L. 103-322, Sec. 40231(c)(2), added par. (19). Subsec. (a)(20). Pub. L. 103-322, Sec. 50001(c)(2), added par. (20). Subsec. (a)(21). Pub. L. 103-322, Sec. 210201(c)(2), added par. (21). Subsec. (a)(22). Pub. L. 103-322, Sec. 210302(c)(3)(B), which directed amendment of this section by adding at the end a new par. (22), was executed by adding par. (22) at the end of subsec. (a) to reflect the probable intent of Congress. Subsec. (c). Pub. L. 103-322, Sec. 330001(h)(14), substituted "such subchapter" for "such subchapters". 1992 - Subsec. (a)(1). Pub. L. 102-534, Sec. 1(2), substituted "fiscal year 1992 and $33,000,000 for each of the fiscal years 1993 and 1994" for "each of the fiscal years 1989, 1990, 1991, and 1992". Subsec. (a)(2). Pub. L. 102-534, Sec. 1(3), substituted "fiscal year 1992 and $33,000,000 for each of the fiscal years 1993 and 1994" for "each of the fiscal years 1989, 1990, 1991, and 1992". Subsec. (a)(3). Pub. L. 102-534, Sec. 1(4), substituted "such sums as may be necessary for fiscal year 1992 and $28,000,000 for each of the fiscal years 1993 and 1994 to carry out the remaining functions of the Office of Justice Programs and the Bureau of Justice Assistance other than functions under subchapters IV, V, VI, VII, XII, XII-A, XII-B, and XII-C of this chapter" for "$25,500,000 for fiscal year 1989 and such sums as may be necessary for each of the fiscal years 1990, 1991, and 1992 to carry out the remaining functions of the Office of Justice Programs and the Bureau of Justice Assistance, other than functions under subchapters IV, V, VI, VII, XII, XII-A, and XII-B of this chapter". Subsec. (a)(5). Pub. L. 102-534, Sec. 1(5), substituted "such sums as may be necessary for fiscal year 1992 and $1,000,000,000 for each of the fiscal years 1993 and 1994 to carry out the programs under subchapters IV and V (other than subpart 2 of part B of subchapter V)" for "$900,000,000 for fiscal year 1991 and such sums as may be necessary for fiscal year 1992 to carry out the programs under subchapters IV and V". Subsec. (a)(6). Pub. L. 102-534, Sec. 1(6), substituted "such sums as may be necessary for fiscal year 1992, $245,000,000 for fiscal year 1993, and such sums as may be necessary for fiscal year 1994" for "$220,000,000 for fiscal year 1991 and such sums as may be necessary for fiscal year 1992". Subsec. (a)(7). Pub. L. 102-534, Sec. 1(7), substituted "1992, 1993, and 1994" for "1991, 1992, and 1993". Pub. L. 102-521, Sec. 4(c)(1), and Pub. L. 102-534, Sec. 1(1), amended subsec. (a) identically, redesignating par. (6), relating to authorization of appropriations for subchapter XII-B of this chapter, as (7). Former pars. (7) redesignated (8) and (9). Subsec. (a)(8). Pub. L. 102-534, Sec. 1(8), substituted "such sums as may be necessary for fiscal year 1992, $16,500,000 for fiscal year 1993, and such sums as may be necessary for fiscal year 1994" for "$15,000,000 for fiscal year 1989 and such sums as may be necessary for each of the fiscal years 1990, 1991, and 1992 to carry out the programs under subchapter XII-A of this chapter". Pub. L. 102-521, Sec. 4(c)(1), and Pub. L. 102-534, Sec. 1(1), amended subsec. (a) identically, redesignating par. (7), relating to authorization of appropriations for subchapter XII-A of this chapter, as (8). Subsec. (a)(9). Pub. L. 102-534, Sec. 1(9)(C), which directed the amendment of subsec. (a)(9) by substituting "such subchapter" for "such subchapters" in "subsection (c)", could not be executed because "such subchapters" did not appear in text of subsec. (a)(9). Pub. L. 102-534, Sec. 1(9)(A), (B), substituted "such sums as may be necessary for fiscal year 1992, $22,000,000 for fiscal year 1993, and such sums as may be necessary for fiscal year 1994" for "$20,000,000 for fiscal year 1991, and such sums as may be necessary for fiscal years 1992 and 1993,". Pub. L. 102-521, Sec. 4(c)(1), and Pub. L. 102-534, Sec. 1(1), amended subsec. (a) identically, redesignating par. (7), relating to authorization of appropriations for subchapter XII-C of this chapter, as (9). Subsec. (a)(10). Pub. L. 102-521, Sec. 4(c)(2), added par. (10). 1990 - Subsec. (a)(3). Pub. L. 101-647, Sec. 241(c)(1)(A), substituted "XII-A, and XII-B" for "and XII-A". Subsec. (a)(5). Pub. L. 101-647, Sec. 2801, amended par. (5) generally. Prior to amendment, par. (5) read as follows: "There are authorized to be appropriated $275,000,000 for fiscal year 1989; $350,000,000 for fiscal year 1990; $400,000,000 for fiscal year 1991; and such sums as may be necessary for fiscal year 1992 to carry out the programs under subchapters IV and V of this chapter." Subsec. (a)(6). Pub. L. 101-647, Sec. 1801(e), added par. (6) relating to authorization of appropriations for subpart 2 of part B of subchapter V of this chapter. Pub. L. 101-647, Sec. 241(c)(1)(C), added par. (6) relating to authorization of appropriations for subchapter XII-B of this chapter. Former par. (6) redesignated (7). Subsec. (a)(7). Pub. L. 101-647, Sec. 801(b), added par. (7) relating to authorization of appropriations for subchapter XII-C of this chapter. Pub. L. 101-647, Sec. 241(c)(1)(B), redesignated par. (6), relating to authorization of appropriations for subchapter XII-A of this chapter, as (7). Subsec. (b). Pub. L. 101-647, Sec. 241(c)(2), which directed substitution of "XII-A, and XII-B" for "and XII-A", could not be executed because the words "and XII-A" did not appear. 1988 - Pub. L. 100-690 amended section generally, substituting provisions authorizing appropriations for fiscal years 1989 through 1992 for provisions authorizing appropriations for fiscal years 1984 through 1988. 1986 - Subsec. (a)(3). Pub. L. 99-570, Sec. 1552(c)(1)(A), inserted reference to subchapter XII-A of this chapter. Subsec. (a)(6), (7). Pub. L. 99-570, Sec. 1552(c)(1)(B), (C), added par. (6) and redesignated former par. (6) as (7). Subsec. (b). Pub. L. 99-570, Sec. 1552(c)(2), inserted reference to subchapter XII-A of this chapter. 1984 - Pub. L. 98-473, in amending section generally, designated existing provisions as subsec. (a), substituted appropriations authorization of necessary sums for fiscal years 1984 through 1988 for authorizations for fiscal years ending Sept. 30, 1980, through 1983, struck out provisions authorizing appropriations for subchapter VIII and for carrying out remaining functions of the Law Enforcement Assistance Administration, and added subsec. (b). EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109-162, Sec. 4, as added by Pub. L. 109-271, Sec. 1(b), Aug. 12, 2006, 120 Stat. 750, provided that: "Notwithstanding any other provision of this Act or any other law, sections 101, 102 (except the amendment to section 2101(d) of the Omnibus Crime Control and Safe Streets Act of 1968 [42 U.S.C. 3796hh(d)] included in that section), 103, 121, 203, 204, 205, 304, 306, 602, 906, and 907 of this Act [enacting sections 3796gg-8, 3796gg-10, 3796gg-11, 3796hh-5, 14045a, and 14045b of this title, amending this section and sections 3796gg, 3796gg-1, 3796gg-4, 3796gg-6, 3796gg-7, 3796hh, 3796hh-1, 10420, 13971, 13975, 14041a, and 14041b, of this title, and repealing section 1152 of Title 20, Education] shall not take effect until the beginning of fiscal year 2007." EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 210302(c)(3) of Pub. L. 103-322 effective 60 days after Sept. 13, 1994, see section 210302(c)(4) of Pub. L. 103- 322, set out as an Effective Date note under section 3796kk of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. CONSTRUCTION OF 2008 AMENDMENT For construction of amendments by Pub. L. 110-199 and requirements for grants made under such amendments, see section 17504 of this title. DISSEMINATION OF INFORMATION Pub. L. 106-386, div. B, title III, Sec. 1302(d), Oct. 28, 2000, 114 Stat. 1511, provided that: "The Attorney General shall - "(1) annually compile and disseminate information (including through electronic publication) about the use of amounts expended and the projects funded under section 218(a) [now 219(a)] of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13014(a)), section 224(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13024(a)), and section 1007(a)(7) [1001(a)(7)] of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(7)), including any evaluations of the projects and information to enable replication and adoption of the strategies identified in the projects; and "(2) focus dissemination of the information described in paragraph (1) toward community-based programs, including domestic violence and sexual assault programs." [For definitions of terms used in section 1302(d)(2) of Pub. L. 106-386, set out above, see section 1002 of Pub. L. 106-386, set out as a note under section 3796gg-2 of this title.] USE OF FUNDS AVAILABLE UNDER FORMER SUBSECTION (A)(20) Section 101[(a)] [title I, Sec. 114(b)(1)(B)(ii)] of Pub. L. 104- 134 provided that: "Notwithstanding the provisions of subparagraph (A) [repealing sections 3796ii to 3796ii-8 of this title], any funds that remain available to an applicant under paragraph (20) of [section 1001(a) of] title I of the Omnibus Crime Control and Safe Streets Act of 1968 [former 42 U.S.C. 3793(a)(20)] shall be used in accordance with part V of [title I of] such Act [former 42 U.S.C. 3796ii to 3796ii-8] as if [sic] such Act [part] was in effect on the day preceding the date of enactment of this Act [Apr. 26, 1996]." FINANCIAL SUPPORT FOR PROGRAMS, ETC., DEVOTED TO INTERNATIONAL ASPECTS OF CRIME PREVENTION AND CRIMINAL JUSTICE Pub. L. 96-132, Sec. 20(a), Nov. 30, 1979, 93 Stat. 1049, provided that: "The National Institute of Justice, the Bureau of Justice Statistics, and the Law Enforcement Assistance Administration are authorized to use funds, and to authorize States to use funds, for programs, projects or events devoted to the international aspects of crime prevention and criminal justice." -FOOTNOTE- (!1) See References in Text note below. (!2) So in original. (!3) So in original. Phrase "(other than subpart 2 of part B)" probably should not appear. (!4) So in original. Probably should be "years". (!5) So in original. Probably should be "is". (!6) So in original. No pars. (12) to (15) have been enacted. (!7) So in original. (!8) So in original. The word "and" probably should not appear. (!9) So in original. The period probably should be a semicolon. (!10) So in original. Two cls. (v) have been enacted. (!11) So in original. The period probably should be "; and". -End- -CITE- 42 USC Secs. 3793a, 3793b 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER X - FUNDING -HEAD- Secs. 3793a, 3793b. Repealed. -MISC1- Secs. 3793a, 3793b. Repealed. Pub. L. 98-473, title II, Sec. 609D(b), Oct. 12, 1984, 98 Stat. 2097. Section 3793a, Pub. L. 90-351, title I, Sec. 1002, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1218, required maintenance of a fund for juvenile delinquency programs consisting of minimum of 19.15 per centum of the appropriations each fiscal year for this chapter. A prior section 1002 of Pub. L. 90-351, title V, June 19, 1968, 82 Stat. 235, was classified as a note under section 7313 of Title 5, Government Organization and Employees. Section 3793b, Pub. L. 90-351, title I, Sec. 1003, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1219, authorized annual appropriations of $25,000,000 for fiscal years ending Sept. 30, 1980, through 1983, for Office of Community Anti-Crime Programs. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -End- -CITE- 42 USC SUBCHAPTER XI - CRIMINAL PENALTIES 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XI - CRIMINAL PENALTIES -HEAD- SUBCHAPTER XI - CRIMINAL PENALTIES -End- -CITE- 42 USC Sec. 3795 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XI - CRIMINAL PENALTIES -HEAD- Sec. 3795. Misuse of Federal assistance -STATUTE- Whoever embezzles, willfully misapplies, steals, or obtains by fraud or endeavors to embezzle, willfully misapply, steal, or obtain by fraud any funds, assets, or property which are the subject of a grant or contract or other form of assistance pursuant to this chapter, whether received directly or indirectly from the Office of Justice Programs, Bureau of Justice Assistance, the National Institute of Justice, the Bureau of Justice Statistics, or whoever receives, conceals, or retains such funds, assets or property with intent to convert such funds, assets or property to his use or gain, knowing such funds, assets, or property has been embezzled, willfully misapplied, stolen or obtained by fraud, shall be fined not more than $10,000 or imprisoned for not more than five years, or both. -SOURCE- (Pub. L. 90-351, title I, Sec. 1101, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1219; amended Pub. L. 98-473, title II, Sec. 609E(a), Oct. 12, 1984, 98 Stat. 2097.) -COD- CODIFICATION Another section 1101 of Pub. L. 90-351, title VI, June 19, 1968, 82 Stat. 236, is classified as a note under section 532 of Title 28, Judiciary and Judicial Procedure. -MISC1- PRIOR PROVISIONS A prior section 3795, Pub. L. 90-351, title I, Sec. 670, as added Pub. L. 91-644, title I, Sec. 12, Jan. 2, 1971, 84 Stat. 1889; amended Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 218, related to reports to Congress and President, prior to the general amendment of this chapter by Pub. L. 96-157. See section 3789e of this title. AMENDMENTS 1984 - Pub. L. 98-473 substituted "Office of Justice Programs, Bureau of Justice Assistance" for "Law Enforcement Assistance Administration". EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -End- -CITE- 42 USC Sec. 3795a 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XI - CRIMINAL PENALTIES -HEAD- Sec. 3795a. Falsification or concealment of facts -STATUTE- Whoever knowingly and willfully falsifies, conceals, or covers up by trick, scheme, or device, any material fact in any application for assistance submitted pursuant to this chapter or in any records required to be maintained pursuant to this chapter shall be subject to prosecution under the provisions of section 1001 of title 18. -SOURCE- (Pub. L. 90-351, title I, Sec. 1102, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1219.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in former section 3792 of this title prior to the general amendment of this chapter by Pub. L. 96-157. -End- -CITE- 42 USC Sec. 3795b 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XI - CRIMINAL PENALTIES -HEAD- Sec. 3795b. Conspiracy to commit offense against United States -STATUTE- Any law enforcement or criminal justice program or project underwritten, in whole or in part, by any grant, or contract or other form of assistance pursuant to this chapter, whether received directly or indirectly from the Office of Justice Programs, Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics shall be subject to the provisions of section 371 of title 18. -SOURCE- (Pub. L. 90-351, title I, Sec. 1103, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1219; amended Pub. L. 98-473, title II, Sec. 609E(b), Oct. 12, 1984, 98 Stat. 2098.) -MISC1- PRIOR PROVISIONS Provisions similar to this section were contained in former section 3793 of this title prior to the general amendment of this chapter by Pub. L. 96-157. AMENDMENTS 1984 - Pub. L. 98-473 substituted "Office of Justice Programs, Bureau of Justice Assistance" for "Law Enforcement Assistance Administration". EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title. -End- -CITE- 42 USC SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS -HEAD- SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS -End- -CITE- 42 USC Part A - Death Benefits 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS Part A - Death Benefits -HEAD- PART A - DEATH BENEFITS -End- -CITE- 42 USC Sec. 3796 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS Part A - Death Benefits -HEAD- Sec. 3796. Payment of death benefits -STATUTE- (a) Amount; recipients In any case in which the Bureau of Justice Assistance (hereinafter in this subchapter referred to as the "Bureau") determines, under regulations issued pursuant to this subchapter, that a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty, the Bureau shall pay a benefit of $250,000, adjusted in accordance with subsection (h) of this section, as follows: (1) if there is no surviving child of such officer, to the surviving spouse of such officer; (2) if there is a surviving child or children and a surviving spouse, one-half to the surviving child or children of such officer in equal shares and one-half to the surviving spouse; (3) if there is no surviving spouse, to the child or children of such officer in equal shares; (4) if there is no surviving spouse or surviving child - (A) in the case of a claim made on or after the date that is 90 days after January 5, 2006, to the individual designated by such officer as beneficiary under this section in such officer's most recently executed designation of beneficiary on file at the time of death with such officer's public safety agency, organization, or unit, provided that such individual survived such officer; or (B) if there is no individual qualifying under subparagraph (A), to the individual designated by such officer as beneficiary under such officer's most recently executed life insurance policy on file at the time of death with such officer's public safety agency, organization, or unit, provided that such individual survived such officer; or (5) if none of the above, to the parent or parents of such officer in equal shares. (6) The public safety agency, organization, or unit responsible for maintaining on file an executed designation of beneficiary or recently executed life insurance policy pursuant to paragraph (4) shall maintain the confidentiality of such designation or policy in the same manner as it maintains personnel or other similar records of the officer. (b) Benefits for permanent and total disability In accordance with regulations issued pursuant to this subchapter, in any case in which the Bureau determines that a public safety officer has become permanently and totally disabled as the direct result of a catastrophic injury sustained in the line of duty, the Bureau shall pay, to the extent that appropriations are provided, the same benefit in any year that is payable under subsection (a) of this section in such year, adjusted in accordance with subsection (h) of this section, to such officer: Provided, That the total annual benefits paid under this subsection may not exceed $5,000,000. For the purposes of making these benefit payments, there are authorized to be appropriated for each fiscal year such sums as may be necessary: Provided further, That these benefit payments are subject to the availability of appropriations and that each beneficiary's payment shall be reduced by a proportionate share to the extent that sufficient funds are not appropriated. (c) Interim benefit payment Whenever the Bureau determines upon showing of need and prior to final action that the death of a public safety officer is one with respect to which a benefit will probably be paid, the Bureau may make an interim benefit payment not exceeding $3,000 to the individual entitled to receive a benefit under subsection (a) of this section. (d) Deduction of interim payment The amount of an interim payment under subsection (c) of this section shall be deducted from the amount of any final benefit paid to such individual. (e) Repayment of interim payment; waiver Where there is no final benefit paid, the recipient of any interim payment under subsection (c) of this section shall be liable for repayment of such amount. The Bureau may waive all or part of such repayment, considering for this purpose the hardship which would result from such repayment. (f) Reductions from final benefit payment The benefit payable under this subchapter shall be in addition to any other benefit that may be due from any other source, except - (1) payments authorized by section 12(k) of the Act of September 1, 1916, as amended (D.C. Code, sec. 4-622); or (2) benefits authorized by section 8191 of title 5. Such beneficiaries shall only receive benefits under such section 8191 that are in excess of the benefits received under this subchapter. (g) Execution or attachment prohibited No benefit paid under this subchapter shall be subject to execution or attachment. (h) Consumer Price Index adjustment On October 1 of each fiscal year beginning after June 1, 1988, the Bureau shall adjust the level of the benefit payable immediately before such October 1 under subsection (a) of this section, to reflect the annual percentage change in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics, occurring in the 1-year period ending on June 1 immediately preceding such October 1. (i) Amount payable determined as of date of death The amount payable under subsection (a) of this section with respect to the death of a public safety officer shall be the amount payable under subsection (a) of this section as of the date of death of such officer. (j) Limitations on benefits (1) No benefit is payable under this subchapter with respect to the death of a public safety officer if a benefit is paid under this subchapter with respect to the disability of such officer. (2) No benefit is payable under this subchapter with respect to the disability of a public safety officer if a benefit is payable under this subchapter with respect to the death of such public safety officer. (k) Death by heart attack or stroke; presumption For purposes of this section, if a public safety officer dies as the direct and proximate result of a heart attack or stroke, that officer shall be presumed to have died as the direct and proximate result of a personal injury sustained in the line of duty, if - (1) that officer, while on duty - (A) engaged in a situation, and such engagement involved nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison security, disaster relief, or other emergency response activity; or (B) participated in a training exercise, and such participation involved nonroutine stressful or strenuous physical activity; (2) that officer died as a result of a heart attack or stroke suffered - (A) while engaging or participating as described under paragraph (1); (B) while still on that duty after so engaging or participating; or (C) not later than 24 hours after so engaging or participating; and (3) such presumption is not overcome by competent medical evidence to the contrary. (l) Definition For purposes of subsection (k) of this section, "nonroutine stressful or strenuous physical" excludes actions of a clerical, administrative, or nonmanual nature. (m) Suspension or end of collection action The Bureau may suspend or end collection action on an amount disbursed pursuant to a statute enacted retroactively or otherwise disbursed in error under subsection (a) or (c) of this section, where such collection would be impractical, or would cause undue hardship to a debtor who acted in good faith. -SOURCE- (Pub. L. 90-351, title I, Sec. 1201, as added Pub. L. 98-473, title II, Sec. 609F, Oct. 12, 1984, 98 Stat. 2098; amended Pub. L. 100- 690, title VI, Sec. 6105(a)-(c), Nov. 18, 1988, 102 Stat. 4341; Pub. L. 101-647, title XIII, Sec. 1301(a), Nov. 29, 1990, 104 Stat. 4834; Pub. L. 102-520, Sec. 1, Oct. 25, 1992, 106 Stat. 3402; Pub. L. 103-322, title XXXIII, Sec. 330001(e)(1), Sept. 13, 1994, 108 Stat. 2138; Pub. L. 107-56, title VI, Sec. 613(a), Oct. 26, 2001, 115 Stat. 369; Pub. L. 107-196, Sec. 2(b), June 24, 2002, 116 Stat. 719; Pub. L. 108-182, Sec. 2, Dec. 15, 2003, 117 Stat. 2649; Pub. L. 109-162, title XI, Sec. 1164(c)-(e), Jan. 5, 2006, 119 Stat. 3120, 3121.) -REFTEXT- REFERENCES IN TEXT Section 12 of the Act of September 1, 1916, as amended, referred to in subsec. (f)(1), is section 12 of act Sept. 1, 1916, ch. 433, 39 Stat. 718, as amended, which is not classified to the Code. -MISC1- PRIOR PROVISIONS A prior section 3796, Pub. L. 90-351, title I, Sec. 1201, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1219; amended Pub. L. 98-411, title II, Sec. 204(a)(1), Aug. 30, 1984, 98 Stat. 1561; Pub. L. 98-473, title II, Sec. 609Z, Oct. 12, 1984, 98 Stat. 2107, contained provisions similar to this section, prior to the general amendment of this subchapter by section 609F of Pub. L. 98- 473. Another prior section 3796, Pub. L. 90-351, title I, Sec. 701, as added Pub. L. 94-430, Sec. 2, Sept. 29, 1976, 90 Stat. 1346, contained provisions similar to this section, prior to the general amendment of this chapter by Pub. L. 96-157. A prior section 1201 of Pub. L. 90-351, title VII, June 19, 1968, 82 Stat. 236, was set out in the Appendix to Title 18, Crimes and Criminal Procedure, prior to repeal by Pub. L. 99-308, Sec. 104(b), May 19, 1986, 100 Stat. 459. AMENDMENTS 2006 - Subsec. (a)(4). Pub. L. 109-162, Sec. 1164(d), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "if there is no surviving spouse or surviving child, to the individual designated by such officer as beneficiary under such officer's most recently executed life insurance policy, provided that such individual survived such officer; or". Subsec. (a)(6). Pub. L. 109-162, Sec. 1164(e), which directed amendment of section 1201(1)(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796(a)) by adding par. (6) at end, was executed by adding par. (6) at end of subsec. (a) of this section to reflect the probable intent of Congress. Subsec. (m). Pub. L. 109-162, Sec. 1164(c), added subsec. (m). 2003 - Subsecs. (k), (l). Pub. L. 108-182 added subsecs. (k) and (l). 2002 - Subsec. (a)(4), (5). Pub. L. 107-196 added par. (4) and redesignated former par. (4) as (5). 2001 - Subsec. (a). Pub. L. 107-56 substituted "$250,000" for "$100,000" in introductory provisions. 1994 - Subsec. (a). Pub. L. 103-322, Sec. 330001(e)(1)(A), substituted "subsection (h) of this section," for "subsection (g) of this section" in introductory provisions. Subsec. (b). Pub. L. 103-322, Sec. 330001(e)(1)(B), substituted "catastrophic injury" for "catastrophic personal injury", "subsection (h)" for "subsection (g)", and "benefits paid under this subsection" for "benefits paid under this section". 1992 - Subsec. (b). Pub. L. 102-520 substituted "the same benefit in any year that is payable under subsection (a) of this section in such year," for "a benefit of up to $100,000,". 1990 - Subsec. (b). Pub. L. 101-647, Sec. 1301(a)(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 101-647, Sec. 1301(a)(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsecs. (d), (e). Pub. L. 101-647, Sec. 1301(a)(1), (2), redesignated subsecs. (c) and (d) as (d) and (e), respectively, and substituted "(c)" for "(b)". Former subsec. (e) redesignated (f). Subsecs. (f) to (i). Pub. L. 101-647, Sec. 1301(a)(2), redesignated former subsecs. (e) to (h) as (f) to (i), respectively. Subsec. (j). Pub. L. 101-647, Sec. 1301(a)(4), added subsec. (j). 1988 - Subsec. (a). Pub. L. 100-690, Sec. 6105(a), substituted "$100,000, adjusted in accordance with subsection (g) of this section" for "$50,000". Subsec. (a)(4). Pub. L. 100-690, Sec. 6105(c), struck out "dependent" before "parent". Subsecs. (g), (h). Pub. L. 100-690, Sec. 6105(b), added subsecs. (g) and (h). EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107-196, Sec. 2(c), June 24, 2002, 116 Stat. 720, provided that: "The amendments made by this section [amending this section and section 3796b of this title] shall take effect on September 11, 2001, and shall apply to injuries or deaths that occur in the line of duty on or after such date." EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107-56, title VI, Sec. 613(b), Oct. 26, 2001, 115 Stat. 370, provided that: "The amendment made by subsection (a) [amending this section] shall apply to any death or disability occurring on or after January 1, 2001." EFFECTIVE DATE OF 1992 AMENDMENT Section 2 of Pub. L. 102-520 provided that: "The amendments made by section 1 of this Act [amending this section] shall apply with respect to injuries occurring on or after November 29, 1990, using the calculation method used to determine benefits under section 1201(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 [subsec. (a) of this section]." EFFECTIVE DATE OF 1990 AMENDMENT Section 1303 of title XIII of Pub. L. 101-647 provided that: "The amendments made by this title [amending this section and sections 3796a and 3796b of this title] shall take effect upon enactment [Nov. 29, 1990] and shall not apply with respect to injuries occurring before the effective date of such amendments." EFFECTIVE DATE OF 1988 AMENDMENT Section 6105(e) of Pub. L. 100-690 provided that: "The amendments made by this section [amending this section and section 3796b of this title] shall take effect on June 1, 1988." EFFECTIVE DATE Subchapter effective Oct. 1, 1984, and inapplicable with respect to injuries sustained before Oct. 1, 1984, see section 609AA(b)(1) of Pub. L. 98-473, set out as a note under section 3711 of this title. -End- -CITE- 42 USC Sec. 3796a 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS Part A - Death Benefits -HEAD- Sec. 3796a. Limitations on benefits -STATUTE- No benefit shall be paid under this subchapter - (1) if the death or catastrophic injury was caused by the intentional misconduct of the public safety officer or by such officer's intention to bring about his death or catastrophic injury; (2) if the public safety officer was voluntarily intoxicated at the time of his death or catastrophic injury; (3) if the public safety officer was performing his duties in a grossly negligent manner at the time of his death or catastrophic injury; (4) to any individual who would otherwise be entitled to a benefit under this subchapter if such individual's actions were a substantial contributing factor to the death or catastrophic injury of the public safety officer; or (5) with respect to any individual employed in a capacity other than a civilian capacity. -SOURCE- (Pub. L. 90-351, title I, Sec. 1202, as added Pub. L. 98-473, title II, Sec. 609F, Oct. 12, 1984, 98 Stat. 2099; amended Pub. L. 101- 647, title XIII, Sec. 1301(b), Nov. 29, 1990, 104 Stat. 4834; Pub. L. 109-162, title XI, Sec. 1164(b), Jan. 5, 2006, 119 Stat. 3120.) -MISC1- PRIOR PROVISIONS A prior section 3796a, Pub. L. 90-351, title I, Sec. 1202, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1220; amended Pub. L. 98-411, title II, Sec. 204(a)(2), Aug. 30, 1984, 98 Stat. 1561; Pub. L. 98-473, title II, Sec. 609Z, Oct. 12, 1984, 98 Stat. 2107, contained provisions similar to this section, prior to the general amendment of this subchapter by section 609F of Pub. L. 98- 473. Another prior section 3796a, Pub. L. 90-351, title I, Sec. 702, as added Pub. L. 94-430, Sec. 2, Sept. 29, 1976, 90 Stat. 1347, contained provisions similar to this section, prior to the general amendment of this chapter by Pub. L. 96-157. A prior section 1202 of Pub. L. 90-351, title VII, June 19, 1968, 82 Stat. 236, was set out in the Appendix to Title 18, Crimes and Criminal Procedure, prior to repeal by Pub. L. 99-308, Sec. 104(b), May 19, 1986, 100 Stat. 459. AMENDMENTS 2006 - Par. (5). Pub. L. 109-162 inserted "with respect" before "to any individual". 1990 - Pars. (1) to (4). Pub. L. 101-647 inserted "or catastrophic injury" after "death" wherever appearing. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-647 effective Nov. 29, 1990, and not applicable with respect to injuries occurring before Nov. 29, 1990, see section 1303 of Pub. L. 101-647, set out as a note under section 3796 of this title. -End- -CITE- 42 USC Sec. 3796a-1 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS Part A - Death Benefits -HEAD- Sec. 3796a-1. National programs for families of public safety officers who have died in line of duty -STATUTE- The Director is authorized to use no less than $150,000 of the funds appropriated for this subchapter to maintain and enhance national peer support and counseling programs to assist families of public safety officers who have died in the line of duty. -SOURCE- (Pub. L. 90-351, title I, Sec. 1203, as added Pub. L. 100-690, title VI, Sec. 6106(a)(2), Nov. 18, 1988, 102 Stat. 4341; amended Pub. L. 105-180, Sec. 2(a), June 16, 1998, 112 Stat. 511.) -MISC1- PRIOR PROVISIONS A prior section 1203 of Pub. L. 90-351 was renumbered section 1204 and is classified to section 3796b of this title. Another prior section 1203 of Pub. L. 90-351, title VII, June 19, 1968, 82 Stat. 237, was set out in the Appendix to Title 18, Crimes and Criminal Procedure, prior to repeal by Pub. L. 99-308, Sec. 104(b), May 19, 1986, 100 Stat. 459. AMENDMENTS 1998 - Pub. L. 105-180 amended text generally. Prior to amendment, text read as follows: "The Director is authorized and directed to use up to $150,000 of the funds appropriated for this subchapter to establish national programs to assist the families of public safety officers who have died in the line of duty." -TRANS- TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, Sec. 108(b)] of Pub. L. 106-113, set out as a note under section 3741 of this title. -End- -CITE- 42 USC Sec. 3796b 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS Part A - Death Benefits -HEAD- Sec. 3796b. Definitions -STATUTE- As used in this subchapter - (1) "catastrophic injury" means consequences of an injury that permanently prevent an individual from performing any gainful work; (2) "chaplain" includes any individual serving as an officially recognized or designated member of a legally organized volunteer fire department or legally organized police department, or an officially recognized or designated public employee of a legally organized fire or police department who was responding to a fire, rescue, or police emergency; (3) "child" means any natural, illegitimate, adopted, or posthumous child or stepchild of a deceased public safety officer who, at the time of the public safety officer's death, is - (i) 18 years of age or under; (ii) over 18 years of age and a student as defined in section 8101 of title 5; or (iii) over 18 years of age and incapable of self-support because of physical or mental disability; (4) "firefighter" includes an individual serving as an officially recognized or designated member of a legally organized volunteer fire department; (5) "intoxication" means a disturbance of mental or physical faculties resulting from the introduction of alcohol into the body as evidenced by - (i) a post-mortem blood alcohol level of .20 per centum or greater; or (ii) a post-mortem blood alcohol level of at least .10 per centum but less than .20 per centum unless the Bureau receives convincing evidence that the public safety officer was not acting in an intoxicated manner immediately prior to his death; or resulting from drugs or other substances in the body; (6) "law enforcement officer" means an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the criminal laws (including juvenile delinquency).,(!1) including, but not limited to, police, corrections, probation, parole, and judicial officers; (7) "member of a rescue squad or ambulance crew" means an officially recognized or designated public employee member of a rescue squad or ambulance crew; (8) "public agency" means the United States, any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States, or any unit of local government, department, agency, or instrumentality of any of the foregoing; and (9) "public safety officer" means - (A) an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, as a firefighter, as a chaplain, or as a member of a rescue squad or ambulance crew; (B) an employee of the Federal Emergency Management Agency who is performing official duties of the Agency in an area, if those official duties - (i) are related to a major disaster or emergency that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and (ii) are determined by the Administrator of the Federal Emergency Management Agency to be hazardous duties; or (C) an employee of a State, local, or tribal emergency management or civil defense agency who is performing official duties in cooperation with the Federal Emergency Management Agency in an area, if those official duties - (i) are related to a major disaster or emergency that has been, or is later, declared to exist with respect to the area under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and (ii) are determined by the head of the agency to be hazardous duties. -SOURCE- (Pub. L. 90-351, title I, Sec. 1204, formerly Sec. 1203, as added Pub. L. 98-473, title II, Sec. 609F, Oct. 12, 1984, 98 Stat. 2099; amended Pub. L. 99-500, Sec. 101(b) [title II, Sec. 207], Oct. 18, 1986, 100 Stat. 1783-39, 1783-56, and Pub. L. 99-591, Sec. 101(b) [title II, Sec. 207], Oct. 30, 1986, 100 Stat. 3341-39, 3341-56; renumbered Sec. 1204 and amended Pub. L. 100-690, title VI, Secs. 6105(d), 6106(a)(1), Nov. 18, 1988, 102 Stat. 4341; Pub. L. 101- 647, title XIII, Secs. 1301(c), 1302, Nov. 29, 1990, 104 Stat. 4834; Pub. L. 103-322, title XXXIII, Sec. 330001(e)(2), Sept. 13, 1994, 108 Stat. 2139; Pub. L. 106-390, title III, Sec. 305(a), Oct. 30, 2000, 114 Stat. 1573; Pub. L. 107-196, Sec. 2(a), June 24, 2002, 116 Stat. 719; Pub. L. 109-162, title XI, Sec. 1164(a), Jan. 5, 2006, 119 Stat. 3120; Pub. L. 109-295, title VI, Sec. 612(c), Oct. 4, 2006, 120 Stat. 1410.) -REFTEXT- REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in par. (9), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended, which is classified principally to chapter 68 (Sec. 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. -COD- CODIFICATION Pub. L. 99-591 is a corrected version of Pub. L. 99-500. -MISC1- PRIOR PROVISIONS A prior section 3796b, Pub. L. 90-351, title I, Sec. 1203, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1220; amended Pub. L. 98-411, title II, Sec. 204(a)(3), Aug. 30, 1984, 98 Stat. 1561; Pub. L. 98-473, title II, Sec. 609Z, Oct. 12, 1984, 98 Stat. 2107, contained provisions similar to this section, prior to the general amendment of this subchapter by section 609F of Pub. L. 98- 473. Another prior section 3796b, Pub. L. 90-351, title I, Sec. 703, as added Pub. L. 94-430, Sec. 2, Sept. 29, 1976, 90 Stat. 1347, contained provisions similar to this section, prior to the general amendment of this chapter by Pub. L. 96-157. A prior section 1204 of Pub. L. 90-351 was renumbered section 1205 and is classified to section 3796c of this title. AMENDMENTS 2006 - Par. (4). Pub. L. 109-162, Sec. 1164(a)(3), struck out "and an officially recognized or designated public employee member of a rescue squad or ambulance crew" before semicolon at end. Par. (6). Pub. L. 109-162, Sec. 1164(a)(4), substituted "enforcement of the criminal laws (including juvenile delinquency)." for "enforcement of the laws". Pars. (7) to (9). Pub. L. 109-162, Sec. 1164(a)(1), (2), added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively. 2002 - Pars. (2) to (7). Pub. L. 107-196, Sec. 2(a)(1), (2), added par. (2) and redesignated former pars. (2) to (6) as (3) to (7), respectively. Former par. (7) redesignated (8). Par. (8). Pub. L. 107-196, Sec. 2(a)(1), (3), redesignated par. (7) as (8) and inserted "as a chaplain," after "firefighter," in subpar. (A). 2000 - Par. (7). Pub. L. 106-390 added par. (7) and struck out former par. (7) which read as follows: " 'public safety officer' means an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, a firefighter, or rescue squad or ambulance crew". 1994 - Par. (3). Pub. L. 103-322 struck out before semicolon at end "who was responding to a fire, rescue or police emergency". 1990 - Par. (1). Pub. L. 101-647, Sec. 1301(c), added par. (1). Former par. (1) redesignated (2). Par. (2). Pub. L. 101-647, Sec. 1302, which directed amendment of par. (2) by inserting a period after "ambulance crew" and striking out "who was responding to a fire, rescue or police emergency.", could not be executed because the phrases "ambulance crew" and "who was responding to a fire, rescue or police emergency." did not appear in text of par. (2). Pub. L. 101-647, Sec. 1301(c)(1), redesignated par. (1) as (2). Former par. (2) redesignated (3). Pars. (3) to (7). Pub. L. 101-647, Sec. 1301(c)(1), redesignated pars. (2) to (6) as (3) to (7), respectively. 1988 - Pars. (2) to (7). Pub. L. 100-690, Sec. 6105(d), redesignated pars. (3) to (7) as (2) to (6), respectively, and struck out former par. (2) defining a "dependent" as any individual substantially reliant for support upon income of deceased public safety officer. 1986 - Pub. L. 99-500 and Pub. L. 99-591 inserted "and an officially recognized or designated public employee member of a rescue squad or ambulance crew who was responding to a fire, rescue or police emergency" in par. (3), and substituted ", a firefighter, or rescue squad or ambulance crew" for "or a firefighter." in par. (7). -CHANGE- CHANGE OF NAME "Administrator of the Federal Emergency Management Agency" substituted for "Director of the Federal Emergency Management Agency" in par. (9)(B)(ii) on authority of section 612(c) of Pub. L. 109-295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109-295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109-295, set out as a note under section 313 of Title 6. -MISC2- EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-196 effective Sept. 11, 2001, and applicable to injuries or deaths that occur in the line of duty on or after such date, see section 2(c) of Pub. L. 107-196, set out as a note under section 3796 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-390, title III, Sec. 305(b), Oct. 30, 2000, 114 Stat. 1574, provided that: "The amendment made by subsection (a) [amending this section] applies only to employees described in subparagraphs (B) and (C) of section 1204(7) of the Omnibus Crime Control and Safe Streets Act of 1968 [subpars. (B) and (C) of par. (7) of this section] (as amended by subsection (a)) who are injured or who die in the line of duty on or after the date of the enactment of this Act [Oct. 30, 2000]." EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-647 effective Nov. 29, 1990, and not applicable with respect to injuries occurring before Nov. 29, 1990, see section 1303 of Pub. L. 101-647, set out as a note under section 3796 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 6105(d) of Pub. L. 100-690 effective June 1, 1988, see section 6105(e) of Pub. L. 100-690, set out as a note under section 3796 of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. -FOOTNOTE- (!1) So in original. The period probably should not appear. -End- -CITE- 42 USC Sec. 3796c 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS Part A - Death Benefits -HEAD- Sec. 3796c. Administrative provisions -STATUTE- (a) Rules, regulations, and procedures The Bureau is authorized to establish such rules, regulations, and procedures as may be necessary to carry out the purposes of this subchapter. Such rules, regulations, and procedures will be determinative of conflict of laws issues arising under this subchapter. Rules, regulations, and procedures issued under this subchapter may include regulations governing the recognition of agents or other persons representing claimants under this subchapter before the Bureau. The Bureau may prescribe the maximum fees which may be charged for services performed in connection with any claim under this subchapter before the Bureau, and any agreement in violation of such rules and regulations shall be void. (b) Use of State and local administrative and investigative assistance In making determinations under section 3796 of this title, the Bureau may utilize such administrative and investigative assistance as may be available from State and local agencies. Responsibility for making final determinations shall rest with the Bureau. (c) Use of appropriated funds to conduct appeals Notwithstanding any other provision of law, the Bureau is authorized to use appropriated funds to conduct appeals of public safety officers' death and disability claims. -SOURCE- (Pub. L. 90-351, title I, Sec. 1205, formerly Sec. 1204, as added Pub. L. 98-473, title II, Sec. 609F, Oct. 12, 1984, 98 Stat. 2100; renumbered Sec. 1205, Pub. L. 100-690, title VI, Sec. 6106(a)(1), Nov. 18, 1988, 102 Stat. 4341; amended Pub. L. 105-180, Sec. 2(b), June 16, 1998, 112 Stat. 511.) -MISC1- PRIOR PROVISIONS A prior section 3796c, Pub. L. 90-351, title I, Sec. 1204, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1221, contained provisions similar to this section, prior to the general amendment of this subchapter by section 609F of Pub. L. 98-473. Another prior section 3796c, Pub. L. 90-351, title I, Sec. 704, as added Pub. L. 94-430, Sec. 2, Sept. 29, 1976, 90 Stat. 1347, contained provisions similar to this section, prior to the general amendment of this chapter by Pub. L. 96-157. AMENDMENTS 1998 - Subsec. (c). Pub. L. 105-180 added subsec. (c). -End- -CITE- 42 USC Sec. 3796c-1 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS Part A - Death Benefits -HEAD- Sec. 3796c-1. Expedited payment for public safety officers involved in the prevention, investigation, rescue, or recovery efforts related to a terrorist attack -STATUTE- (a) In general Notwithstanding the limitations of subsection (b) of section 1201 or the provisions of subsections (c), (d), and (e) of such section or section 1202 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796, 3796a), upon certification (containing identification of all eligible payees of benefits pursuant to section 1201 of such Act) by a public agency that a public safety officer employed by such agency was killed or suffered a catastrophic injury producing permanent and total disability as a direct and proximate result of a personal injury sustained in the line of duty as described in section 1201 of such Act in connection with prevention, investigation, rescue, or recovery efforts related to a terrorist attack, the Director of the Bureau of Justice Assistance shall authorize payment to qualified beneficiaries, said payment to be made not later than 30 days after receipt of such certification, benefits described under subpart 1 of part L of such Act (42 U.S.C. 3796 et seq.). (b) Definitions For purposes of this section, the terms "catastrophic injury", "public agency", and "public safety officer" have the same meanings given such terms in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b). -SOURCE- (Pub. L. 107-56, title VI, Sec. 611, Oct. 26, 2001, 115 Stat. 369.) -REFTEXT- REFERENCES IN TEXT The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (a), is Pub. L. 90-351, June 19, 1968, 82 Stat. 197, as amended. The reference to subpart 1 of part L of the Act probably means subpart 1 of part L of title I of the Act which is classified generally to this part. For complete classification of this Act to the Code, see Short Title note set out under section 3711 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or USA PATRIOT Act, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. -End- -CITE- 42 USC Sec. 3796c-2 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS Part A - Death Benefits -HEAD- Sec. 3796c-2. Funds available for appeals and expenses of representation of hearing examiners -STATUTE- On and after December 26, 2007, funds available to conduct appeals under section 1205(c) of the 1968 Act [42 U.S.C. 3796c(c)], which includes all claims processing, shall be available also for the same under subpart 2 of such part L [42 U.S.C. 3796d et seq.] and under any statute authorizing payment of benefits described under subpart 1 [42 U.S.C. 3796 et seq.] thereof, and for appeals from final decisions of the Bureau (under such part or any such statute) to the Court of Appeals for the Federal Circuit, which shall have exclusive jurisdiction thereof (including those, and any related matters, pending), and for expenses of representation of hearing examiners (who shall be presumed irrebuttably to enjoy quasi-judicial immunity in the discharge of their duties under such part or any such statute) in connection with litigation against them arising from such discharge. -SOURCE- (Pub. L. 110-161, div. B, title II, Dec. 26, 2007, 121 Stat. 1912.) -REFTEXT- REFERENCES IN TEXT The 1968 Act, referred to in text, is the Omnibus Crime Control and Safe Streets Act of 1968, Pub. L. 90-351, June 19, 1968, 82 Stat. 197. Section 1205(c) of the Act is classified to section 3796c(c) of this title. Subparts 1 and 2 of such part L means subparts 1 and 2 of part L of title I of the Act which are classified generally to this part and part B (Sec. 3796d et seq.) of this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 3711 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Department of Justice Appropriations Act, 2008, and also as part of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008, and the Consolidated Appropriations Act, 2008, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. -End- -CITE- 42 USC Part B - Educational Assistance to Dependents of Civilian Federal Law Enforcement Officers Killed or Disabled in Line of Duty 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS Part B - Educational Assistance to Dependents of Civilian Federal Law Enforcement Officers Killed or Disabled in Line of Duty -HEAD- PART B - EDUCATIONAL ASSISTANCE TO DEPENDENTS OF CIVILIAN FEDERAL LAW ENFORCEMENT OFFICERS KILLED OR DISABLED IN LINE OF DUTY -End- -CITE- 42 USC Sec. 3796d 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS Part B - Educational Assistance to Dependents of Civilian Federal Law Enforcement Officers Killed or Disabled in Line of Duty -HEAD- Sec. 3796d. Purposes -STATUTE- The purposes of this part are - (1) to enhance the appeal of service in public safety agencies; (2) to extend the benefits of higher education to qualified and deserving persons who, by virtue of the death of or total disability of an eligible officer, may not be able to afford it otherwise; and (3) to allow the family members of eligible officers to attain the vocational and educational status which they would have attained had a parent or spouse not been killed or disabled in the line of duty. -SOURCE- (Pub. L. 90-351, title I, Sec. 1211, as added Pub. L. 104-238, Sec. 2(2), Oct. 3, 1996, 110 Stat. 3114; amended Pub. L. 105-390, Sec. 2(2), Nov. 13, 1998, 112 Stat. 3495.) -MISC1- AMENDMENTS 1998 - Par. (1). Pub. L. 105-390 substituted "public safety" for "civilian Federal law enforcement". -End- -CITE- 42 USC Sec. 3796d-1 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS Part B - Educational Assistance to Dependents of Civilian Federal Law Enforcement Officers Killed or Disabled in Line of Duty -HEAD- Sec. 3796d-1. Basic eligibility -STATUTE- (a) Benefits (1) Subject to the availability of appropriations, the Attorney General shall provide financial assistance to a dependent who attends a program of education and is - (A) the child of any eligible public safety officer under part A of this subchapter; or (B) the spouse of an officer described in subparagraph (A) at the time of the officer's death or on the date of a totally and permanently disabling injury. (2) Except as provided in paragraph (3), financial assistance under this part shall consist of direct payments to an eligible dependent and shall be computed on the basis set forth in section 3532 of title 38. (3) The financial assistance referred to in paragraph (2) shall be reduced by the sum of - (A) the amount of educational assistance benefits from other Federal, State, or local governmental sources to which the eligible dependent would otherwise be entitled to receive; and (B) the amount, if any, determined under section 3796d-3(b) of this title. (b) Duration of benefits No dependent shall receive assistance under this part for a period in excess of forty-five months of full-time education or training or a proportional period of time for a part-time program. (c) Age limitation for dependent children No dependent child shall be eligible for assistance under this part after the child's 27th birthday absent a finding by the Attorney General of extraordinary circumstances precluding the child from pursuing a program of education. -SOURCE- (Pub. L. 90-351, title I, Sec. 1212, as added Pub. L. 104-238, Sec. 2(2), Oct. 3, 1996, 110 Stat. 3114; amended Pub. L. 105-390, Sec. 2(3), Nov. 13, 1998, 112 Stat. 3495.) -MISC1- AMENDMENTS 1998 - Subsec. (a)(1)(A). Pub. L. 105-390, Sec. 2(3)(A), substituted "public safety" for "Federal law enforcement". Subsec. (a)(2). Pub. L. 105-390, Sec. 2(3)(B), substituted "Except as provided in paragraph (3), financial" for "Financial". Subsec. (a)(3). Pub. L. 105-390, Sec. 2(3)(C), added par. (3). -End- -CITE- 42 USC Sec. 3796d-2 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS Part B - Educational Assistance to Dependents of Civilian Federal Law Enforcement Officers Killed or Disabled in Line of Duty -HEAD- Sec. 3796d-2. Applications; approval -STATUTE- (a) Application A person seeking assistance under this part shall submit an application to the Attorney General in such form and containing such information as the Attorney General reasonably may require. (b) Approval The Attorney General shall approve an application for assistance under this part unless the Attorney General finds that - (1) the dependent is not eligible for, is no longer eligible for, or is not entitled to the assistance for which application is made; (2) the dependent's selected educational institution fails to meet a requirement under this part for eligibility; (3) the dependent's enrollment in or pursuit of the educational program selected would fail to meet the criteria established in this part for programs; or (4) the dependent already is qualified by previous education or training for the educational, professional, or vocational objective for which the educational program is offered. (c) Notification The Attorney General shall notify a dependent applying for assistance under this part of approval or disapproval of the application in writing. -SOURCE- (Pub. L. 90-351, title I, Sec. 1213, as added Pub. L. 104-238, Sec. 2(2), Oct. 3, 1996, 110 Stat. 3115.) -End- -CITE- 42 USC Sec. 3796d-3 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS Part B - Educational Assistance to Dependents of Civilian Federal Law Enforcement Officers Killed or Disabled in Line of Duty -HEAD- Sec. 3796d-3. Regulations -STATUTE- (a) In general The Attorney General may promulgate reasonable and necessary regulations to implement this part. (b) Sliding scale Notwithstanding section 3796d-2(b) of this title, the Attorney General shall issue regulations regarding the use of a sliding scale based on financial need to ensure that an eligible dependent who is in financial need receives priority in receiving funds under this part. -SOURCE- (Pub. L. 90-351, title I, Sec. 1214, as added Pub. L. 104-238, Sec. 2(2), Oct. 3, 1996, 110 Stat. 3115; amended Pub. L. 105-390, Sec. 2(4), Nov. 13, 1998, 112 Stat. 3495.) -MISC1- AMENDMENTS 1998 - Pub. L. 105-390 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). -End- -CITE- 42 USC Sec. 3796d-4 01/07/2011 (111-383) -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS Part B - Educational Assistance to Dependents of Civilian Federal Law Enforcement Officers Killed or Disabled in Line of Duty -HEAD- Sec. 3796d-4. Discontinuation for unsatisfactory conduct or progress -STATUTE- The Attorney General may discontinue assistance under this part when the Attorney General finds that, according to the regularly prescribed standards and practices of the educational institution, the recipient fails to maintain satisfactory progress as described in section 1091(c) of title 20. -SOURCE- (Pub. L. 90-351, title I, Sec. 1215, as added Pub. L. 104-238, Sec. 2(2), Oct. 3, 1996, 110 Stat. 3115.) -End- -CITE- 42 USC Sec. 3796d-5