dreamproit/uscode huggingface dataset:
42 U.S.C. § 13851 (THE PUBLIC HEALTH AND WELFARE)
§ 13851. Definitions
As used in this part:
(1) Community development corporation
The term “community development corporation” means a private, nonprofit corporation whose board of directors is comprised of business, civic and community leaders, and whose principal purpose includes the provision of low-income housing or community economic development projects that primarily benefit low-income individuals and communities.
(2) Local and private sector contribution
The term “local and private sector contribution” means the funds available at the local level (by private financial institutions, State and local governments) or by any private philanthropic organization and private, nonprofit organizations that will be committed and used solely for the purpose of financing private business enterprises in conjunction with amounts provided under this part.
(3) Population-losing community
The term “population-losing community” means any county in which the net population loss is at least 7 percent from April 1, 1980 to April 1, 1990, as reported by the Bureau of the Census.
(4) Private business enterprise
The term “private business enterprise” means any business enterprise that is engaged in the manufacture of a product, provision of a service, construction or development of a facility, or that is involved in some other commercial, manufacturing or industrial activity, and that agrees to target job opportunities stemming from investments authorized under this part to certain individuals.
(5) Target area
The term “target area” means any area defined in an application for assistance under this part that has a population whose income does not exceed the median for the area within which the target area is located.
(6) Very low-income community
The term “very low-income community” means a community in which the median income of the residents of such community does not exceed 50 percent of the median income of the area.
(Pub. L. 103–322, title III, § 31131, Sept. 13, 1994, 108 Stat. 1887.)
42 U.S.C. § 13852 (THE PUBLIC HEALTH AND WELFARE)
§ 13852. Authorization of appropriations
(a) In general
There are authorized to be appropriated to carry out subparts 1 and 2—
(1) $45,000,000 for fiscal year 1996;
(2) $72,000,000 for fiscal year 1997;
(3) $76,500,000 for fiscal year 1998; and
(4) $76,500,000 for fiscal year 1999.
(b) Earmarks
Of the aggregate amount appropriated under subsection (a) of this section for each fiscal year—
(1) 60 percent shall be available to carry out subpart 1; and
(2) 40 percent shall be available to carry out subpart 2.
(c) Amounts
Amounts appropriated under subsection (a) of this section shall remain available for expenditure without fiscal year limitation.
(Pub. L. 103–322, title III, § 31132, Sept. 13, 1994, 108 Stat. 1888.)
42 U.S.C. § 13861 (THE PUBLIC HEALTH AND WELFARE)
§ 13861. Grant authorization
(a) In general
The Attorney General may make grants to State, Indian tribal, or local prosecutors for the purpose of supporting the creation or expansion of community-based justice programs.
(b) Consultation
The Attorney General may consult with the Ounce of Prevention Council in making grants under subsection (a) of this section.
(Pub. L. 103–322, title III, § 31701, Sept. 13, 1994, 108 Stat. 1890.)
42 U.S.C. § 13862 (THE PUBLIC HEALTH AND WELFARE)
§ 13862. Use of funds
Grants made by the Attorney General under this section shall be used—
(1) to fund programs that require the cooperation and coordination of prosecutors, school officials, police, probation officers, youth and social service professionals, and community members in the effort to reduce the incidence of, and increase the successful identification and speed of prosecution of, young violent offenders;
(2) to fund programs in which prosecutors focus on the offender, not simply the specific offense, and impose individualized sanctions, designed to deter that offender from further antisocial conduct, and impose increasingly serious sanctions on a young offender who continues to commit offenses;
(3) to fund programs that coordinate criminal justice resources with educational, social service, and community resources to develop and deliver violence prevention programs, including mediation and other conflict resolution methods, treatment, counseling, educational, and recreational programs that create alternatives to criminal activity;
(4) in rural States (as defined in section 3796bb(b) of this title), to fund cooperative efforts between State and local prosecutors, victim advocacy and assistance groups, social and community service providers, and law enforcement agencies to investigate and prosecute child abuse cases, treat youthful victims of child abuse, and work in cooperation with the community to develop education and prevention strategies directed toward the issues with which such entities are concerned; and
(5) by a State, unit of local government, or Indian tribe to create and expand witness and victim protection programs to prevent threats, intimidation, and retaliation against victims of, and witnesses to, violent crimes.
(Pub. L. 103–322, title III, § 31702, Sept. 13, 1994, 108 Stat. 1890; Pub. L. 110–177, title III, § 301(a), Jan. 7, 2008, 121 Stat. 2538.)
heading: Amendments
text: 2008—Par. (5). Pub. L. 110–177 added par. (5).
42 U.S.C. § 13863 (THE PUBLIC HEALTH AND WELFARE)
§ 13863. Applications
(a) Eligibility
In order to be eligible to receive a grant under this part 1 for any fiscal year, a State, Indian tribal, or local prosecutor, in conjunction with the chief executive officer of the jurisdiction in which the program will be placed, shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require.
(b) Requirements
Each applicant shall include—
(1) a request for funds for the purposes described in section 13862 of this title;
(2) a description of the communities to be served by the grant, including the nature of the youth crime, youth violence, and child abuse problems within such communities;
(3) assurances that Federal funds received under this part 1 shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this section; and
(4) statistical information in such form and containing such information that the Attorney General may require.
(c) Comprehensive plan
Each applicant shall include a comprehensive plan that shall contain—
(1) a description of the youth violence or child abuse crime problem;
(2) an action plan outlining how the applicant will achieve the purposes as described in section 13862 of this title;
(3) a description of the resources available in the community to implement the plan together with a description of the gaps in the plan that cannot be filled with existing resources; and
(4) a description of how the requested grant will be used to fill gaps.
(Pub. L. 103–322, title III, § 31703, Sept. 13, 1994, 108 Stat. 1891.)
heading: References in Text
text: This part, referred to in subsecs. (a) and (b)(3), appearing in the original is unidentifiable because subtitle Q of title III of Pub. L. 103–322 does not contain parts.
42 U.S.C. § 13864 (THE PUBLIC HEALTH AND WELFARE)
§ 13864. Allocation of funds; limitations on grants
(a) Administrative cost limitation
The Attorney General shall use not more than 5 percent of the funds available under this program for the purposes of administration and technical assistance.
(b) Renewal of grants
A grant under this part 1 may be renewed for up to 2 additional years after the first fiscal year during which the recipient receives its initial grant under this part,1 subject to the availability of funds, if—
(1) the Attorney General determines that the funds made available to the recipient during the previous years were used in a manner required under the approved application; and
(2) the Attorney General determines that an additional grant is necessary to implement the community prosecution program described in the comprehensive plan required by section 13863 of this title.
(Pub. L. 103–322, title III, § 31704, Sept. 13, 1994, 108 Stat. 1891.)
heading: References in Text
text: This part, referred to in subsec. (b), appearing in the original is unidentifiable because subtitle Q of title III of Pub. L. 103–322 does not contain parts.
42 U.S.C. § 13865 (THE PUBLIC HEALTH AND WELFARE)
§ 13865. Award of grants
The Attorney General shall consider the following facts in awarding grants:
(1) Demonstrated need and evidence of the ability to provide the services described in the plan required under section 13863 of this title.
(2) The Attorney General shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards.
(Pub. L. 103–322, title III, § 31705, Sept. 13, 1994, 108 Stat. 1891.)
42 U.S.C. § 13866 (THE PUBLIC HEALTH AND WELFARE)
§ 13866. Reports
(a) Report to Attorney General
State and local prosecutors that receive funds under this part shall submit to the Attorney General a report not later than March 1 of each year that describes progress achieved in carrying out the plan described under section 13863(c) of this title.
(b) Report to Congress
The Attorney General shall submit to the Congress a report by October 1 of each year in which grants are made available under this part which shall contain a detailed statement regarding grant awards, activities of grant recipients, a compilation of statistical information submitted by applicants, and an evaluation of programs established under this part.
(Pub. L. 103–322, title III, § 31706, Sept. 13, 1994, 108 Stat. 1892.)
42 U.S.C. § 13867 (THE PUBLIC HEALTH AND WELFARE)
§ 13867. Authorization of appropriations
There are authorized to be appropriated $20,000,000 for each of the fiscal years 2008 through 2012 to carry out this part.
(Pub. L. 103–322, title III, § 31707, Sept. 13, 1994, 108 Stat. 1892; Pub. L. 110–177, title III, § 301(b), Jan. 7, 2008, 121 Stat. 2539.)
heading: Amendments
text: 2008—Pub. L. 110–177 amended section generally. Prior to amendment, section authorized appropriations of $7,000,000 for fiscal year 1996, $10,000,000 for each of fiscal years 1997 and 1998, $11,000,000 for fiscal year 1999, and $12,000,000 for fiscal year 2000.
42 U.S.C. § 13868 (THE PUBLIC HEALTH AND WELFARE)
§ 13868. Definitions
In this part—
“Indian tribe” means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
“State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the United States Virgin Islands.
“young violent offenders” means individuals, ages 7 through 22, who have committed crimes of violence, weapons offenses, drug distribution, hate crimes and civil rights violations, and offenses against personal property of another.
(Pub. L. 103–322, title III, § 31708, Sept. 13, 1994, 108 Stat. 1892.)
heading: References in Text
text: The Alaska Native Claims Settlement Act, referred to in text, is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
42 U.S.C. § 13881 (THE PUBLIC HEALTH AND WELFARE)
§ 13881. Purpose
The purpose of this part is to evaluate the effectiveness of certain demonstration projects in helping to—
(1) alleviate the harm to children and primary caretaker parents caused by separation due to the incarceration of the parents;
(2) reduce recidivism rates of prisoners by encouraging strong and supportive family relationships; and
(3) explore the cost effectiveness of community correctional facilities.
(Pub. L. 103–322, title III, § 31902, Sept. 13, 1994, 108 Stat. 1892.)
heading: Short Title
text: For short title of this part as the “Family Unity Demonstration Project Act”, see section 31901 of Pub. L. 103–322, set out as a note under section 13701 of this title.
42 U.S.C. § 13882 (THE PUBLIC HEALTH AND WELFARE)
§ 13882. Definitions
In this part—
“child” means a person who is less than 7 years of age.
“community correctional facility” means a residential facility that—
(A) is used only for eligible offenders and their children under 7 years of age;
(B) is not within the confines of a jail or prison;
(C) houses no more than 50 prisoners in addition to their children; and
(D) provides to inmates and their children—
(i) a safe, stable, environment for children;
(ii) pediatric and adult medical care consistent with medical standards for correctional facilities;
(iii) programs to improve the stability of the parent-child relationship, including educating parents regarding—
(I) child development; and
(II) household management;
(iv) alcoholism and drug addiction treatment for prisoners; and
(v) programs and support services to help inmates—
(I) to improve and maintain mental and physical health, including access to counseling;
(II) to obtain adequate housing upon release from State incarceration;
(III) to obtain suitable education, employment, or training for employment; and
(IV) to obtain suitable child care.
“eligible offender” means a primary caretaker parent who—
(A) has been sentenced to a term of imprisonment of not more than 7 years or is awaiting sentencing for a conviction punishable by such a term of imprisonment; and
(B) has not engaged in conduct that—
(i) knowingly resulted in death or serious bodily injury;
(ii) is a felony for a crime of violence against a person; or
(iii) constitutes child neglect or mental, physical, or sexual abuse of a child.
“primary caretaker parent” means—
(A) a parent who has consistently assumed responsibility for the housing, health, and safety of a child prior to incarceration; or
(B) a woman who has given birth to a child after or while awaiting her sentencing hearing and who expresses a willingness to assume responsibility for the housing, health, and safety of that child,
a parent who, in the best interest of a child, has arranged for the temporary care of the child in the home of a relative or other responsible adult shall not for that reason be excluded from the category “primary caretaker”.
“State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(Pub. L. 103–322, title III, § 31903, Sept. 13, 1994, 108 Stat. 1893.)
42 U.S.C. § 13883 (THE PUBLIC HEALTH AND WELFARE)
§ 13883. Authorization of appropriations
(a) Authorization
There are authorized to be appropriated to carry out this part—
(1) $3,600,000 for fiscal year 1996;
(2) $3,600,000 for fiscal year 1997;
(3) $3,600,000 for fiscal year 1998;
(4) $3,600,000 for fiscal year 1999; and
(5) $5,400,000 for fiscal year 2000.
(b) Availability of appropriations
Of the amount appropriated under subsection (a) of this section for any fiscal year—
(1) 90 percent shall be available to carry out subpart 1; and
(2) 10 percent shall be available to carry out subpart 2.
(Pub. L. 103–322, title III, § 31904, Sept. 13, 1994, 108 Stat. 1894.)
42 U.S.C. § 13892 (THE PUBLIC HEALTH AND WELFARE)
§ 13892. Eligibility to receive grants
To be eligible to receive a grant under section 13891 of this title, a State shall submit to the Attorney General an application at such time, in such form, and containing such information as the Attorney General reasonably may require by rule.
(Pub. L. 103–322, title III, § 31912, Sept. 13, 1994, 108 Stat. 1895.)
42 U.S.C. § 13893 (THE PUBLIC HEALTH AND WELFARE)
§ 13893. Report
(a) In general
A State that receives a grant under this subpart 1 shall, not later than 90 days after the 1-year period in which the grant is required to be expended, submit a report to the Attorney General regarding the family unity demonstration project for which the grant was expended.
(b) Contents
A report under subsection (a) of this section shall—
(1) state the number of prisoners who submitted applications to participate in the project and the number of prisoners who were placed in community correctional facilities;
(2) state, with respect to prisoners placed in the project, the number of prisoners who are returned to that jurisdiction and custody and the reasons for such return;
(3) describe the nature and scope of educational and training activities provided to prisoners participating in the project;
(4) state the number, and describe the scope of, contracts made with public and nonprofit private community-based organizations to carry out such project; and
(5) evaluate the effectiveness of the project in accomplishing the purposes described in section 13881 of this title.
(Pub. L. 103–322, title III, § 31913, Sept. 13, 1994, 108 Stat. 1895.)
heading: References in Text
text: This subpart, referred to in subsec. (a), was in the original “this title” and was translated as reading “this chapter”, meaning chapter 1 of subtitle S of title III of Pub. L. 103–322, to reflect the probable intent of Congress.
42 U.S.C. § 13901 (THE PUBLIC HEALTH AND WELFARE)
§ 13901. Authority of Attorney General
(a) In general
With the funds available to carry out this part for the benefit of Federal prisoners, the Attorney General, acting through the Director of the Bureau of Prisons, shall select eligible prisoners to live in community correctional facilities with their children.
(b) General contracting authority
In implementing this part,1 the Attorney General may enter into contracts with appropriate public or private agencies to provide housing, sustenance, services, and supervision of inmates eligible for placement in community correctional facilities under this part.1
(c) Use of State facilities
At the discretion of the Attorney General, Federal participants may be placed in State projects as defined in subpart 1. For such participants, the Attorney General shall, with funds available under section 13883(b)(2) of this title, reimburse the State for all project costs related to the Federal participant’s placement, including administrative costs.
(Pub. L. 103–322, title III, § 31921, Sept. 13, 1994, 108 Stat. 1896.)
heading: References in Text
text: This part, referred to in subsec. (b), was in the original “this title” and was translated as reading “this subtitle”, meaning subtitle S of title III of Pub. L. 103–322, to reflect the probable intent of Congress.
42 U.S.C. § 13902 (THE PUBLIC HEALTH AND WELFARE)
§ 13902. Requirements
For the purpose of placing Federal participants in a family unity demonstration project under section 13901 of this title, the Attorney General shall consult with the Secretary of Health and Human Services regarding the development and operation of the project.
(Pub. L. 103–322, title III, § 31922, Sept. 13, 1994, 108 Stat. 1896.)
42 U.S.C. § 13911 (THE PUBLIC HEALTH AND WELFARE)
§ 13911. Prevention, diagnosis, and treatment of tuberculosis in correctional institutions
(a) Guidelines
The Attorney General, in consultation with the Secretary of Health and Human Services and the Director of the National Institute of Corrections, shall develop and disseminate to appropriate entities, including State, Indian tribal, and local correctional institutions and the Immigration and Naturalization Service, guidelines for the prevention, diagnosis, treatment, and followup care of tuberculosis among inmates of correctional institutions and persons held in holding facilities operated by or under contract with the Immigration and Naturalization Service.
(b) Compliance
The Attorney General shall ensure that prisons in the Federal prison system and holding facilities operated by or under contract with the Immigration and Naturalization Service comply with the guidelines described in subsection (a) of this section.
(c) Grants
(1) In general
The Attorney General shall make grants to State, Indian tribal, and local correction authorities and public health authorities to assist in establishing and operating programs for the prevention, diagnosis, treatment, and followup care of tuberculosis among inmates of correctional institutions.
(2) Federal share
The Federal share of funding of a program funded with a grant under paragraph (1) shall not exceed 50 percent.
(3) Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(A) $700,000 for fiscal year 1996;
(B) $1,000,000 for fiscal year 1997;
(C) $1,000,000 for fiscal year 1998;
(D) $1,100,000 for fiscal year 1999; and
(E) $1,200,000 for fiscal year 2000.
(d) Definitions
In this section—
“Indian tribe” means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),1 that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
“State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the United States Virgin Islands.
(Pub. L. 103–322, title III, § 32201, Sept. 13, 1994, 108 Stat. 1901.)
heading: References in Text
text: The Alaska Native Claims Settlement Act, referred to in subsec. (d), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
heading: Abolition of Immigration and Naturalization Service and Transfer of Functions
text: For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.