dreamproit/uscode huggingface dataset:
42 U.S.C. § 3797u–1 (THE PUBLIC HEALTH AND WELFARE)
§ 3797u–1. Prohibition of participation by violent offenders
The Attorney General shall—
(1) issue regulations or guidelines to ensure that the programs authorized in this subchapter do not permit participation by violent offenders; and
(2) immediately suspend funding for any grant under this subchapter, pending compliance, if the Attorney General finds that violent offenders are participating in any program funded under this subchapter.
(Pub. L. 90–351, title I, § 2952, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1795.)
heading: Regulations
text: Pub. L. 110–199, title I, § 103(c), Apr. 9, 2008, 122 Stat. 668, provided that: “Not later than 90 days after the date of the enactment of this Act [Apr. 9, 2008], the Secretary [probably should be “the Attorney General”] shall revise any regulations or guidelines described in section 2952 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797u–1) in accordance with the amendments made by subsection (a) [amending section 3797u–2 of this title]. Such regulations shall specify that grant amounts under part EE of such Act [42 U.S.C. 3797u et seq.] shall be reduced for any drug court that does not adopt the definition of ‘violent offender’ under such part, as amended by subsection (a) of this section, within 3 years after such date of enactment.”
42 U.S.C. § 3797u–2 (THE PUBLIC HEALTH AND WELFARE)
§ 3797u–2. Definition
(a) In general
Except as provided in subsection (b) of this section, in this subchapter, the term “violent offender” means a person who—
(1) is charged with or convicted of an offense that is punishable by a term of imprisonment exceeding one year, during the course of which offense or conduct—
(A) the person carried, possessed, or used a firearm or dangerous weapon;
(B) there occurred the death of or serious bodily injury to any person; or
(C) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in subparagraph (A) or (B) is an element of the offense or conduct of which or for which the person is charged or convicted; or
(2) has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm.
(b) Definition for purposes of juvenile drug courts
For purposes of juvenile drug courts, the term “violent offender” means a juvenile who has been convicted of, or adjudicated delinquent for, a felony-level offense that—
(1) has as an element, the use, attempted use, or threatened use of physical force against the person or property of another, or the possession or use of a firearm; or
(2) by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
(Pub. L. 90–351, title I, § 2953, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1795; amended Pub. L. 109–162, title XI, § 1141, Jan. 5, 2006, 119 Stat. 3110; Pub. L. 110–199, title I, § 103(a), Apr. 9, 2008, 122 Stat. 668.)
heading: Amendments
text: 2008—Subsec. (a)(1). Pub. L. 110–199 inserted “that is punishable by a term of imprisonment exceeding one year” after “convicted of an offense” in introductory provisions.
2006—Subsec. (b). Pub. L. 109–162 substituted “a felony-level offense that” for “an offense that” in introductory provisions.
heading: Construction of 2008 Amendment
text: For construction of amendments and provisions set out as a note below by Pub. L. 110–199 and requirements for grants made under such amendments and note, see section 17504 of this title.
heading: Period for Compliance
text: Pub. L. 110–199, title I, § 103(b), Apr. 9, 2008, 122 Stat. 668, provided that: “Notwithstanding section 2952(2) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797u–1(2)), each grantee under part EE of such Act [42 U.S.C. 3797u et seq.] shall have not more than 3 years from the date of the enactment of this Act [Apr. 9, 2008] to adopt the definition of ‘violent offender’ under such part, as amended by subsection (a) of this section [amending this section].”
42 U.S.C. § 3797u–3 (THE PUBLIC HEALTH AND WELFARE)
§ 3797u–3. Administration
(a) Consultation
The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this subchapter.
(b) Use of components
The Attorney General may utilize any component or components of the Department of Justice in carrying out this subchapter.
(c) Regulatory authority
The Attorney General may issue regulations and guidelines necessary to carry out this subchapter.
(d) Applications
In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this subchapter shall—
(1) include a long-term strategy and detailed implementation plan that shall provide for the consultation and coordination with appropriate State and local prosecutors, particularly when program participants fail to comply with program requirements;
(2) explain the applicant’s inability to fund the program adequately without Federal assistance;
(3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available;
(4) identify related governmental or community initiatives which complement or will be coordinated with the proposal;
(5) certify that there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies in the implementation of the program;
(6) certify that participating offenders will be supervised by 1 or more designated judges with responsibility for the drug court program;
(7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support; and
(8) describe the methodology that will be used in evaluating the program.
(Pub. L. 90–351, title I, § 2954, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1796.)
42 U.S.C. § 3797u–4 (THE PUBLIC HEALTH AND WELFARE)
§ 3797u–4. Applications
To request funds under this subchapter, the chief executive or the chief justice of a State or the chief executive or judge of a unit of local government or Indian tribal government, or the chief judge of a State court or the judge of a local court or Indian tribal court shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require.
(Pub. L. 90–351, title I, § 2955, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1797.)
42 U.S.C. § 3797u–5 (THE PUBLIC HEALTH AND WELFARE)
§ 3797u–5. Federal share
(a) In general
The Federal share of a grant made under this subchapter may not exceed 75 percent of the total costs of the program described in the application submitted under section 3797u–4 of this title for the fiscal year for which the program receives assistance under this subchapter, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section.
(b) In-kind contributions
In-kind contributions may constitute a portion of the non-Federal share of a grant.
(Pub. L. 90–351, title I, § 2956, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1797.)
42 U.S.C. § 3797u–6 (THE PUBLIC HEALTH AND WELFARE)
§ 3797u–6. Distribution and allocation
(a) Geographic distribution
The Attorney General shall ensure that, to the extent practicable, an equitable geographic distribution of grant awards is made.
(b) Technical assistance and training
Unless one or more applications submitted by any State or unit of local government within such State (other than an Indian tribe) for a grant under this subchapter has been funded in any fiscal year, such State, together with eligible applicants within such State, shall be provided targeted technical assistance and training by the Bureau of Justice Assistance to assist such State and such eligible applicants to successfully compete for future funding under this subchapter, and to strengthen existing State drug court systems. In providing such technical assistance and training, the Bureau of Justice Assistance shall consider and respond to the unique needs of rural States, rural areas and rural communities.
(Pub. L. 90–351, title I, § 2957, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1797; amended Pub. L. 109–162, title XI, § 1142(a), Jan. 5, 2006, 119 Stat. 3110; Pub. L. 109–271, § 8(l), Aug. 12, 2006, 120 Stat. 767.)
heading: Amendments
text: 2006—Subsec. (b). Pub. L. 109–271 substituted “Bureau of Justice Assistance” for “Community Capacity Development Office” in two places.
Pub. L. 109–162 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this subchapter have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this subchapter not less than 0.50 percent of the total amount appropriated in the fiscal year for grants pursuant to this subchapter.”
42 U.S.C. § 3797u–7 (THE PUBLIC HEALTH AND WELFARE)
§ 3797u–7. Report
A State, Indian tribal government, or unit of local government that receives funds under this subchapter during a fiscal year shall submit to the Attorney General a description and an evaluation report on a date specified by the Attorney General regarding the effectiveness of this subchapter.
(Pub. L. 90–351, title I, § 2958, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1797.)
42 U.S.C. § 3797u–8 (THE PUBLIC HEALTH AND WELFARE)
§ 3797u–8. Technical assistance, training, and evaluation
(a) Technical assistance and training
The Attorney General may provide technical assistance and training in furtherance of the purposes of this subchapter.
(b) Evaluations
In addition to any evaluation requirements that may be prescribed for grantees (including uniform data collection standards and reporting requirements), the Attorney General shall carry out or make arrangements for evaluations of programs that receive support under this subchapter.
(c) Administration
The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, in collaboration with the Secretary of Health and Human Services, or through grants, contracts, or other cooperative arrangements with other entities.
(Pub. L. 90–351, title I, § 2959, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1797.)
42 U.S.C. § 3797w–1 (THE PUBLIC HEALTH AND WELFARE)
§ 3797w–1. State reentry project evaluation
(a) Evaluation
The Attorney General shall evaluate the demonstration projects authorized by section 3797w of this title to determine their effectiveness.
(b) Report
Not later than April 30, 2005, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and the Senate containing—
(1) the findings of the evaluation required by subsection (a) of this section; and
(2) any recommendations the Attorney General has with regard to expanding, changing, or eliminating the demonstration projects.
(Pub. L. 90–351, title I, § 2977, as added Pub. L. 107–273, div. B, title II, § 2421(a), Nov. 2, 2002, 116 Stat. 1802.)
42 U.S.C. § 3797y (THE PUBLIC HEALTH AND WELFARE)
§ 3797y. Grant authority
The Attorney General shall award grants to rural State criminal justice agencies, Byrne agencies, or other agencies as designated by the Governor of that State and approved by the Attorney General, to develop rural States’ capacity to assist local communities in the prevention and reduction of crime, violence, and substance abuse.
(Pub. L. 90–351, title I, § 2985, as added Pub. L. 107–273, div. C, title I, § 11027(b), Nov. 2, 2002, 116 Stat. 1834.)
42 U.S.C. § 3797y–1 (THE PUBLIC HEALTH AND WELFARE)
§ 3797y–1. Use of funds
(a) In general
A capacity building grant shall be used to develop a statewide strategic plan as described in section 3797y–2 of this title to prevent and reduce crime, violence, and substance abuse.
(b) Permissive use
A rural State may also use its grant to provide training and technical assistance to communities and promote innovation in the development of policies, technologies, and programs to prevent and reduce crime.
(c) Data collection
A rural State may use up to 5 percent of the grant to assist grant recipients in collecting statewide data related to the costs of crime, violence, and substance abuse for purposes of supporting the statewide strategic plan.
(Pub. L. 90–351, title I, § 2986, as added Pub. L. 107–273, div. C, title I, § 11027(b), Nov. 2, 2002, 116 Stat. 1834.)
42 U.S.C. § 3797y–2 (THE PUBLIC HEALTH AND WELFARE)
§ 3797y–2. Statewide strategic prevention plan
(a) In general
A statewide strategic prevention plan shall be used by the rural State to assist local communities, both directly and through existing State programs and services, in building comprehensive, strategic, and innovative approaches to reducing crime, violence, and substance abuse based on local conditions and needs.
(b) Goals
The plan must contain statewide long-term goals and measurable annual objectives for reducing crime, violence, and substance abuse.
(c) Accountability
The rural State shall be required to develop and report in its plan relevant performance targets and measures for the goals and objectives to track changes in crime, violence, and substance abuse.
(d) Consultation
The rural State shall form a State crime free communities commission that includes representatives of State and local government, and community leaders who will provide advice and recommendations on relevant community goals and objectives, and performance targets and measures.
(Pub. L. 90–351, title I, § 2987, as added Pub. L. 107–273, div. C, title I, § 11027(b), Nov. 2, 2002, 116 Stat. 1834.)
42 U.S.C. § 3797y–3 (THE PUBLIC HEALTH AND WELFARE)
§ 3797y–3. Requirements
(a) Training and technical assistance
The rural State shall provide training and technical assistance, including through such groups as the National Crime Prevention Council, to assist local communities in developing Crime Prevention Plans that reflect statewide strategic goals and objectives, and performance targets and measures.
(b) Reports
The rural State shall provide a report on its statewide strategic plan to the Attorney General, including information about—
(1) involvement of relevant State-level agencies to assist communities in the development and implementation of their Crime Prevention Plans;
(2) support for local applications for Community Grants; and
(3) community progress toward reducing crime, violence, and substance abuse.
(c) Certification
Beginning in the third year of the program, States must certify that the local grantee’s project funded under the community grant is generally consistent with statewide strategic goals and objectives, and performance targets and measures.
(Pub. L. 90–351, title I, § 2988, as added Pub. L. 107–273, div. C, title I, § 11027(b), Nov. 2, 2002, 116 Stat. 1835.)
42 U.S.C. § 3797y–4 (THE PUBLIC HEALTH AND WELFARE)
§ 3797y–4. Authorization of appropriations
There are authorized to be appropriated $10,000,000 to carry out this subchapter for each of fiscal years 2003, 2004, and 2005.
(Pub. L. 90–351, title I, § 2989, as added Pub. L. 107–273, div. C, title I, § 11027(b), Nov. 2, 2002, 116 Stat. 1835.)
42 U.S.C. § 3797cc (THE PUBLIC HEALTH AND WELFARE)
§ 3797cc. Authority to make grants to address public safety and methamphetamine manufacturing, sale, and use in hot spots
(a) Purpose and program authority
(1) Purpose
It is the purpose of this subchapter to assist States, territories, and Indian tribes (as defined in section 3797d of this title)—
(A) to carry out programs to address the manufacture, sale, and use of methamphetamine drugs; and
(B) to improve the ability of State, territorial, Tribal, and local government institutions of 1 to carry out such programs.
(2) Grant authorization
The Attorney General, through the Bureau of Justice Assistance in the Office of Justice Programs may make grants to States, territories, and Indian tribes to address the manufacture, sale, and use of methamphetamine to enhance public safety.
(3) Grant projects to address methamphetamine manufacture sale and use
Grants made under subsection (a) may be used for programs, projects, and other activities to—
(A) investigate, arrest and prosecute individuals violating laws related to the use, manufacture, or sale of methamphetamine;
(B) reimburse the Drug Enforcement Administration for expenses related to the clean up of methamphetamine clandestine labs;
(C) support State, Tribal, and local health department and environmental agency services deployed to address methamphetamine; and
(D) procure equipment, technology, or support systems, or pay for resources, if the applicant for such a grant demonstrates to the satisfaction of the Attorney General that expenditures for such purposes would result in the reduction in the use, sale, and manufacture of methamphetamine.
(Pub. L. 90–351, title I, § 2996, as added Pub. L. 109–177, title VII, § 754, Mar. 9, 2006, 120 Stat. 274; amended Pub. L. 110–161, div. B, title II, § 220(a), Dec. 26, 2007, 121 Stat. 1916.)
heading: Amendments
text: 2007—Subsec. (a)(1). Pub. L. 110–161, § 220(a)(1)(A), inserted “, territories, and Indian tribes (as defined in section 3797d of this title)” after “to assist States” in introductory provisions.
Subsec. (a)(1)(B). Pub. L. 110–161, § 220(a)(1)(B), substituted “, territorial, Tribal, and local” for “and local”.
Subsec. (a)(2). Pub. L. 110–161, § 220(a)(2), inserted “, territories, and Indian tribes” after “make grants to States”.
Subsec. (a)(3)(C). Pub. L. 110–161, § 220(a)(3), inserted “, Tribal,” after “support State”.
42 U.S.C. § 3797cc–1 (THE PUBLIC HEALTH AND WELFARE)
§ 3797cc–1. Funding
There are authorized to be appropriated to carry out this subchapter $99,000,000 for each fiscal year 2006, 2007, 2008, 2009, and 2010.
(Pub. L. 90–351, title I, § 2997, as added Pub. L. 109–177, title VII, § 754, Mar. 9, 2006, 120 Stat. 274.)
42 U.S.C. § 3797cc–2 (THE PUBLIC HEALTH AND WELFARE)
§ 3797cc–2. Grants for programs for drug-endangered children
(a) In general
The Attorney General shall make grants to States, territories, and Indian tribes (as defined in section 3797d of this title) for the purpose of carrying out programs to provide comprehensive services to aid children who are living in a home in which methamphetamine or other controlled substances are unlawfully manufactured, distributed, dispensed, or used.
(b) Certain requirements
The Attorney General shall ensure that the services carried out with grants under subsection (a) include the following:
(1) Coordination among law enforcement agencies, prosecutors, child protective services, social services, health care services, and any other services determined to be appropriate by the Attorney General to provide assistance regarding the problems of children described in subsection (a).
(2) Transition of children from toxic or drug-endangering environments to appropriate residential environments.
(c) Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated $20,000,000 for each of the fiscal years 2008 and 2009. Amounts appropriated under the preceding sentence shall remain available until expended.
(Pub. L. 109–177, title VII, § 755, Mar. 9, 2006, 120 Stat. 275; Pub. L. 110–161, div. B, title II, § 220(b), Dec. 26, 2007, 121 Stat. 1916; Pub. L. 110–345, § 2, Oct. 7, 2008, 122 Stat. 3938.)
heading: Codification
text: Section was enacted as part of the Combat Methamphetamine Epidemic Act of 2005, and also as part of the USA PATRIOT Improvement and 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: Amendments
text: 2008—Subsec. (c). Pub. L. 110–345 substituted “fiscal years 2008 and 2009” for “fiscal years 2006 and 2007”.
2007—Subsec. (a). Pub. L. 110–161 inserted “, territories, and Indian tribes (as defined in section 3797d of this title)” after “make grants to States”.
42 U.S.C. § 3797dd (THE PUBLIC HEALTH AND WELFARE)
§ 3797dd. Grant program to evaluate and improve educational methods at prisons, jails, and juvenile facilities
(a) Grant program authorized
The Attorney General may carry out a grant program under which the Attorney General may make grants to States, units of local government, territories, Indian Tribes, and other public and private entities to—
(1) evaluate methods to improve academic and vocational education for offenders in prisons, jails, and juvenile facilities;
(2) identify, and make recommendations to the Attorney General regarding, best practices relating to academic and vocational education for offenders in prisons, jails, and juvenile facilities, based on the evaluation under paragraph (1); and
(3) improve the academic and vocational education programs (including technology career training) available to offenders in prisons, jails, and juvenile facilities.
(b) Application
To be eligible for a grant under this subchapter, a State or other entity described in subsection (a) shall submit to the Attorney General an application in such form and manner, at such time, and accompanied by such information as the Attorney General specifies.
(c) Report
Not later than 90 days after the last day of the final fiscal year of a grant under this subchapter, each entity described in subsection (a) receiving such a grant shall submit to the Attorney General a detailed report of the progress made by the entity using such grant, to permit the Attorney General to evaluate and improve academic and vocational education methods carried out with grants under this subchapter.
(Pub. L. 90–351, title I, § 3001, as added Pub. L. 110–199, title I, § 114(2), Apr. 9, 2008, 122 Stat. 677.)
heading: Codification
text: Another section 3001 of Pub. L. 90–351 is classified to section 3797cc–21 of this title.
heading: Construction of 2008 Amendment
text: For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 17504 of this title.
42 U.S.C. § 3797dd–1 (THE PUBLIC HEALTH AND WELFARE)
§ 3797dd–1. Authorization of appropriations
There are authorized to be appropriated $5,000,000 to carry out this subchapter for each of fiscal years 2009 and 2010.
(Pub. L. 90–351, title I, § 3002, as added Pub. L. 110–199, title I, § 114(2), Apr. 9, 2008, 122 Stat. 677.)
heading: Construction of 2008 Amendment
text: For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 17504 of this title.
42 U.S.C. § 3797ee (THE PUBLIC HEALTH AND WELFARE)
§ 3797ee. Sex offender apprehension grants
(a) Authority to make sex offender apprehension grants
(1) In general
From amounts made available to carry out this subchapter, the Attorney General may make grants to States, units of local government, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia thereof for activities specified in paragraph (2).
(2) Covered activities
An activity referred to in paragraph (1) is any program, project, or other activity to assist a State in enforcing sex offender registration requirements.
(b) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary for fiscal years 2007 through 2009 to carry out this subchapter.
(Pub. L. 90–351, title I, § 3011, as added Pub. L. 109–248, title VI, § 623, July 27, 2006, 120 Stat. 635.)