dreamproit/uscode huggingface dataset:
42 U.S.C. § 3735 (THE PUBLIC HEALTH AND WELFARE)
§ 3735. Use of data
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.
(Pub. L. 90–351, title I, § 304, formerly § 305, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1179; renumbered § 304, Pub. L. 98–473, title II, § 605(d), Oct. 12, 1984, 98 Stat. 2080; amended Pub. L. 109–162, title XI, § 1115(b), Jan. 5, 2006, 119 Stat. 3104.)
heading: Prior Provisions
text: 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, § 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, § 305, June 19, 1968, 82 Stat. 202; Pub. L. 91–644, title I, § 4(7), Jan. 2, 1971, 84 Stat. 1883; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 203, related to reallocation of funds.
Section 3736, Pub. L. 90–351, title I, § 306, June 19, 1968, 82 Stat. 202; Pub. L. 91–644, title I, § 4(8), Jan. 2, 1971, 84 Stat. 1883; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 203; Pub. L. 94–503, title I, § 113, Oct. 15, 1976, 90 Stat. 2415, related to allocation of funds.
Section 3737, Pub. L. 90–351, title I, § 307, June 19, 1968, 82 Stat. 202; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 204; Pub. L. 94–503, title I, § 114, Oct. 15, 1976, 90 Stat. 2415, related to priority programs and projects.
Section 3738, Pub. L. 90–351, title I, § 308, as added Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 204; amended Pub. L. 94–503, title I, § 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, § 309, as added Pub. L. 94–503, title I, § 116, Oct. 15, 1976, 90 Stat. 2415, related to assistance and grants to aid State antitrust enforcement.
heading: Amendments
text: 2006—Pub. L. 109–162 substituted “private person or public agency” for “particular individual”.
42 U.S.C. § 3741 (THE PUBLIC HEALTH AND WELFARE)
§ 3741. Establishment of Bureau of Justice Assistance
(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. 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.
(Pub. L. 90–351, title I, § 401, as added Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4328; amended Pub. L. 112–166, § 2(h)(2), Aug. 10, 2012, 126 Stat. 1285.)
heading: Prior Provisions
text: For prior sections 401 of Pub. L. 90–351 and prior sections 3741 of this title, see note set out preceding this section.
heading: Amendments
text: 2012—Subsec. (b). Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end of first sentence.
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
heading: Transfer of Functions
text: Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 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.”
42 U.S.C. § 3742 (THE PUBLIC HEALTH AND WELFARE)
§ 3742. Duties and functions of Director
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.
(Pub. L. 90–351, title I, § 402, as added Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4328; amended Pub. L. 101–647, title II, § 241(b)(1), Nov. 29, 1990, 104 Stat. 4813.)
heading: Prior Provisions
text: 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.
heading: Amendments
text: 1990—Par. (1). Pub. L. 101–647 substituted “subchapters V and XII–B” for “subchapter V”.
heading: Transfer of Functions
text: 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, § 108(b)] of Pub. L. 106–113, set out as a note under section 3741 of this title.
42 U.S.C. § 3743 (THE PUBLIC HEALTH AND WELFARE)
§ 3743. Grants for young witness assistance
(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.
(Pub. L. 109–162, title XI, § 1136, Jan. 5, 2006, 119 Stat. 3109; Pub. L. 109–271, § 8(c), Aug. 12, 2006, 120 Stat. 766.)
heading: Codification
text: 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.
heading: Prior Provisions
text: For prior sections 3743 of this title, see note set out preceding section 3741 of this title.
heading: Amendments
text: 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”.
42 U.S.C. § 3752 (THE PUBLIC HEALTH AND WELFARE)
§ 3752. Applications
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.
(Pub. L. 90–351, title I, § 502, as added Pub. L. 109–162, title XI, § 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3096; amended Pub. L. 109–271, § 8(i), Aug. 12, 2006, 120 Stat. 767.)
heading: Prior Provisions
text: 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.
heading: Amendments
text: 2006—Pub. L. 109–271 substituted “120 days” for “90 days” in introductory provisions.
heading: Effective Date
text: 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.
42 U.S.C. § 3753 (THE PUBLIC HEALTH AND WELFARE)
§ 3753. Review of applications
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.
(Pub. L. 90–351, title I, § 503, as added Pub. L. 109–162, title XI, § 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3097.)
heading: Prior Provisions
text: 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.
heading: Effective Date
text: 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.
42 U.S.C. § 3754 (THE PUBLIC HEALTH AND WELFARE)
§ 3754. Rules
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.
(Pub. L. 90–351, title I, § 504, as added Pub. L. 109–162, title XI, § 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3097.)
heading: Prior Provisions
text: 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.
heading: Effective Date
text: 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.
42 U.S.C. § 3756 (THE PUBLIC HEALTH AND WELFARE)
§ 3756. Reserved funds
(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.
(Pub. L. 90–351, title I, § 506, as added Pub. L. 109–162, title XI, § 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3100.)
heading: Prior Provisions
text: 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.
heading: Effective Date
text: 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.
42 U.S.C. § 3757 (THE PUBLIC HEALTH AND WELFARE)
§ 3757. Interest-bearing trust funds
(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.
(Pub. L. 90–351, title I, § 507, as added Pub. L. 109–162, title XI, § 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3100.)
heading: Prior Provisions
text: 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.
heading: Effective Date
text: 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.
42 U.S.C. § 3758 (THE PUBLIC HEALTH AND WELFARE)
§ 3758. Authorization of appropriations
There is authorized to be appropriated to carry out this part $1,095,000,000 for each of the fiscal years 2006 through 2012.
(Pub. L. 90–351, title I, § 508, as added Pub. L. 109–162, title XI, § 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3101; amended Pub. L. 110–294, § 1, July 30, 2008, 122 Stat. 2971.)
heading: Prior Provisions
text: 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.
heading: Amendments
text: 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”.
heading: Effective Date
text: 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.
42 U.S.C. § 3760 to 3762 (THE PUBLIC HEALTH AND WELFARE)
§§ 3760 to 3762. Repealed. Pub. L. 109–162, title XI, § 1111(b)(1), Jan. 5, 2006, 119 Stat. 3101
text: Section 3760, Pub. L. 90–351, title I, § 510, as added Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4335; amended Pub. L. 101–647, title XVIII, § 1801(a)(2), Nov. 29, 1990, 104 Stat. 4847; Pub. L. 103–322, title XXXII, § 320702(a), Sept. 13, 1994, 108 Stat. 2121; Pub. L. 105–277, div. A, § 101(b) [title I, § 120(a)], Oct. 21, 1998, 112 Stat. 2681–50, 2681–70; Pub. L. 107–273, div. A, title II, § 203(a)(3), (4), Nov. 2, 2002, 116 Stat. 1775, related to purposes of grants to public and private entities.
text: Section 3761, Pub. L. 90–351, title I, § 511, as added Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4336; amended Pub. L. 101–647, title XVIII, § 1801(a)(3), Nov. 29, 1990, 104 Stat. 4847; Pub. L. 107–273, div. A, title II, § 203(a)(5), Nov. 2, 2002, 116 Stat. 1775, related to allocation of funds for grants.
text: Section 3762, Pub. L. 90–351, title I, § 512, as added Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4336, related to limitation on use of discretionary grant funds.
heading: Prior Provisions
text: 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.
heading: Effective Date of Repeal
text: 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.
42 U.S.C. § 3762b (THE PUBLIC HEALTH AND WELFARE)
§ 3762b. Allocation of funds; administrative provisions
(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.
(Pub. L. 90–351, title I, § 516, as added Pub. L. 101–647, title XVIII, § 1801(a)(7), Nov. 29, 1990, 104 Stat. 4848; amended Pub. L. 103–322, title XXXIII, § 330001(b)(2), Sept. 13, 1994, 108 Stat. 2138; Pub. L. 110–177, title III, § 302(b), Jan. 7, 2008, 121 Stat. 2539.)
heading: Prior Provisions
text: For prior section 516 of Pub. L. 90–351, see note set out preceding section 3750 of this title.
heading: Amendments
text: 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, § 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, § 330001(b)(2)(B), substituted “paragraph (1) or (3) of section 3762a(a)” for “section 3762a(a)(1) or (a)(3)”.
heading: Transfer of Functions
text: 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, § 108(b)] of Pub. L. 106–113, set out as a note under section 3741 of this title.