42 U.S.C. § 3732 (THE PUBLIC HEALTH AND WELFARE)
§ 3732. Bureau of Justice Statistics
(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. 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.
(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) 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.
(Pub. L. 90–351, title I, § 302, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1176; amended Pub. L. 98–473, title II, § 605(b), Oct. 12, 1984, 98 Stat. 2079; Pub. L. 100–690, title VI, § 6092(a), Nov. 18, 1988, 102 Stat. 4339; Pub. L. 103–322, title XXXIII, § 330001(h)(2), Sept. 13, 1994, 108 Stat. 2139; Pub. L. 109–162, title XI, § 1115(a), Jan. 5, 2006, 119 Stat. 3103; Pub. L. 111–211, title II, § 251(b), July 29, 2010, 124 Stat. 2297; Pub. L. 112–166, § 2(h)(1), Aug. 10, 2012, 126 Stat. 1285.)
heading: References in Text
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.
heading: Prior Provisions
text: A prior section 3732, Pub. L. 90–351, title I, § 302, June 19, 1968, 82 Stat. 200; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 201; Pub. L. 94–503, title I, § 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.
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.
2010—Subsec. (c)(3) to (6). Pub. L. 111–211, § 251(b)(1)(A), inserted “tribal,” after “State,” wherever appearing.
Subsec. (c)(7). Pub. L. 111–211, § 251(b)(1)(B), inserted “and in Indian country” after “States”.
Subsec. (c)(9). Pub. L. 111–211, § 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, § 251(b)(1)(D), inserted “, tribal,” after “State”.
Subsec. (c)(13). Pub. L. 111–211, § 251(b)(1)(E), inserted “, Indian tribes,” after “States”.
Subsec. (c)(17). Pub. L. 111–211, § 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, § 251(b)(1)(G), substituted “State, tribal, and local” for “State and local”.
Subsec. (c)(19). Pub. L. 111–211, § 251(b)(1)(H), inserted “and tribal” after “State” in two places.
Subsec. (c)(20). Pub. L. 111–211, § 251(b)(1)(I), inserted “, tribal,” after “State”.
Subsec. (c)(22). Pub. L. 111–211, § 251(b)(1)(J), inserted “, tribal,” after “Federal”.
Subsec. (d). Pub. L. 111–211, § 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, § 251(b)(3), substituted “subsection (d)(1)(C)” for “subsection (d)(3)”.
Subsec. (f). Pub. L. 111–211, § 251(b)(4)(B), inserted “, tribal,” after “State”.
Pub. L. 111–211, § 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, § 251(b)(5), added subsec. (g).
2006—Subsec. (b). Pub. L. 109–162, § 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, § 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, § 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, § 605(b)(1), inserted provision requiring Director to report to Attorney General through Assistant Attorney General.
Subsec. (c)(13). Pub. L. 98–473, § 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, § 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, § 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, § 605(b)(2)(B), redesignated par. (15) as (17). Former par. (17) redesignated (19).
Subsec. (c)(18). Pub. L. 98–473, § 605(b)(2)(D), added par. (18).
Subsec. (c)(19). Pub. L. 98–473, § 605(b)(2)(B), redesignated former par. (17) as (19).
Subsec. (d)(1). Pub. L. 98–473, § 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, § 605(b)(3)(B)–(D), added par. (5).
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: Effective Date of 1984 Amendment
text: 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.
heading: Construction of 2010 Amendment
text: Pub. L. 111–211, title II, § 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.]
heading: Inclusion of Honor Violence in National Crime Victimization Survey
text: Pub. L. 113–235, div. B, title II, Dec. 16, 2014, 128 Stat. 2191, provided in part: “That beginning not later than 2 years after the date of enactment of this Act [div. B of Pub. L. 113–235, Dec. 16, 2014], as part of each National Crime Victimization Survey, the Attorney General shall include statistics relating to honor violence”.
heading: Study of Crimes Against Seniors
text: Pub. L. 106–534, § 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.”
heading: Inclusion of Seniors in National Crime Victimization Survey
text: Pub. L. 106–534, § 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.”
heading: Crime Victims With Disabilities Awareness
text: Pub. L. 105–301, Oct. 27, 1998, 112 Stat. 2838, as amended by Pub. L. 106–402, title IV, § 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.”