There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this chapter as the “Office”) shall be headed by an Assistant Attorney General (hereinafter in this chapter referred to as the “Assistant Attorney General”) appointed by the President, by and with the advice and consent of the Senate.
(Pub. L. 90–351, title I, §101, as added Pub. L. 98–473, title II, §603(a), Oct. 12, 1984, 98 Stat. 2077.)
This chapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 90–351, as added by Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1167, as amended, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.
A prior section 3711, Pub. L. 90–351, title I, §101, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1170, established Law Enforcement Assistance Administration, prior to the general amendment of this subchapter by Pub. L. 98–473.
Another prior section 3711, Pub. L. 90–351, title I, §101, June 19, 1968, 82 Stat. 198; Pub. L. 91–644, title I, §2, Jan. 2, 1971, 84 Stat. 1881; Pub. L. 93–83, §2, Aug. 6, 1973, 87 Stat. 197; Pub. L. 94–503, title I, §§102, 103, Oct. 15, 1976, 90 Stat. 2407, established Law Enforcement Assistance Administration and Office of Community Anti-Crime Programs, prior to the general amendment of this chapter by Pub. L. 96–157.
Section 609AA of Pub. L. 98–473 provided that:
“(a) Except as provided in subsection (b), this division and the amendments made by this title [probably means division, see Short Title of 1984 Amendment note below] shall take effect on the date of the enactment of this joint resolution [Oct. 12, 1984] or October 1, 1984, whichever is later.
“(b)(1) The amendment made by section 609F [amending sections 3796 to 3796c of this title] shall take effect on October 1, 1984, and shall not apply with respect to injuries sustained before October 1, 1984.
“(2) Section 609Z [repealing section 204 of Pub. L. 98–411, which had amended sections 3796 to 3796b of this title and enacted provisions set out as a note under section 3796 of this title] shall take effect on October 1, 1984.”
Pub. L. 110–421, §1, Oct. 15, 2008, 122 Stat. 4778, provided that: “This Act [amending section 3793 of this title] may be cited as the ‘Bulletproof Vest Partnership Grant Act of 2008’.”
Pub. L. 110–416, §1(a), Oct. 14, 2008, 122 Stat. 4352, provided that: “This Act [amending section 3797aa of this title and enacting provisions set out as a note under section 3797aa of this title] may be cited as the ‘Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008’.”
Pub. L. 110–345, §1, Oct. 7, 2008, 122 Stat. 3938, provided that: “This Act [amending section 3797cc–2 of this title] may be cited as the ‘Drug Endangered Children Act of 2007’.”
Pub. L. 110–315, title IX, §951, Aug. 14, 2008, 122 Stat. 3470, provided that: “This part [part E (§§951, 952) of title IX of Pub. L. 110–315, enacting subchapter XX–A of this chapter] may be cited as the ‘John R. Justice Prosecutors and Defenders Incentive Act of 2008’.”
Pub. L. 108–414, §1, Oct. 30, 2004, 118 Stat. 2327, provided that: “This Act [enacting subchapter XIX of this chapter and provisions set out as notes under section 3797aa of this title] may be cited as the ‘Mentally Ill Offender Treatment and Crime Reduction Act of 2004’.”
Pub. L. 108–182, §1, Dec. 15, 2003, 117 Stat. 2649, provided that: “This Act [amending section 3796 of this title] may be cited as the ‘Hometown Heroes Survivors Benefits Act of 2003’.”
Pub. L. 107–273, div. A, title IV, §401, Nov. 2, 2002, 116 Stat. 1789, provided that: “This title [enacting sections 3796gg–0 to 3796gg–0d of this title, amending sections 3796gg–1 to 3796gg–5 of this title, and enacting provisions set out as a note under section 3796gg–0 of this title] may be cited as the ‘Violence Against Women Office Act’.”
Pub. L. 107–273, div. B, title II, §2001, Nov. 2, 2002, 116 Stat. 1792, provided that: “This title [enacting subchapter XVI of this chapter and sections 3797w and 3797w–1 of this title, amending sections 285o–2, 3793, 3796ff, 3796ff–1, and 3797ff–3 of this title, sections 3565 and 3583 of Title 18, Crimes and Criminal Procedure, and section 823 of Title 21, Food and Drugs, and enacting provisions set out as notes under sections 3722 and 3797u of this title and section 3601 of Title 18] may be cited as the ‘Drug Abuse Education, Prevention, and Treatment Act of 2002’.”
Pub. L. 107–273, div. C, title I, §11027(a), Nov. 2, 2002, 116 Stat. 1834, provided that: “This section [enacting subchapter XVIII of this chapter] may be cited as the ‘Crime-Free Rural States Act of 2002’.”
Pub. L. 107–273, div. C, title II, §12101, Nov. 2, 2002, 116 Stat. 1859, provided that: “This subtitle [subtitle A (§§12101, 12102) of title II of div. C of Pub. L. 107–273, enacting subchapter XII–F of this chapter and provisions set out as a note under section 3796ee of this title] may be cited as the ‘Consequences for Juvenile Offenders Act of 2002’.”
Pub. L. 107–196, §1, June 24, 2002, 116 Stat. 719, provided that: “This Act [amending sections 3796 and 3796b of this title and enacting provisions set out as a note under section 3796 of this title] may be cited as the ‘Mychal Judge Police and Fire Chaplains Public Safety Officers’ Benefit Act of 2002’.”
Pub. L. 106–572, §1, Dec. 28, 2000, 114 Stat. 3058, provided that: “This Act [enacting section 3713 of this title] may be cited as the ‘Computer Crime Enforcement Act’.”
Pub. L. 106–561, §1, Dec. 21, 2000, 114 Stat. 2787, provided that: “This Act [enacting subchapter XV of this chapter, amending sections 3751, 3753, 3793, and 14601 of this title and section 983 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as notes under section 14135 of this title and section 983 of Title 18] may be cited as the ‘Paul Coverdell National Forensic Sciences Improvement Act of 2000’.”
Pub. L. 106–517, §1, Nov. 13, 2000, 114 Stat. 2407, provided that: “This Act [amending sections 3793 and 3796ll to 3796ll–2 of this title and enacting provisions set out as notes under sections 3796ll and 3796ll–2 of this title] may be cited as the ‘Bulletproof Vest Partnership Grant Act of 2000’.”
Pub. L. 106–515, §1, Nov. 13, 2000, 114 Stat. 2399, provided that: “This Act [enacting subchapter XII–J of this chapter, amending section 3793 of this title, and enacting provisions set out as a note under section 3796ii of this title] may be cited as the ‘America's Law Enforcement and Mental Health Project’.”
Pub. L. 106–177, title I, §101, Mar. 10, 2000, 114 Stat. 35, provided that: “This title [amending sections 3751, 10601, and 14601 of this title and enacting provisions set out as a note under section 10601 of this title] may be cited as the ‘Child Abuse Prevention and Enforcement Act’.”
Pub. L. 105–390, §1, Nov. 13, 1998, 112 Stat. 3495, provided that: “This Act [amending sections 3796d, 3796d–1, 3796d–3, 3796d–5, and 3796d–6 of this title] may be cited as the ‘Police, Fire, and Emergency Officers Educational Assistance Act of 1998’.”
Pub. L. 105–181, §1, June 16, 1998, 112 Stat. 512, provided that: “This Act [enacting subchapter XII–M of this chapter, amending sections 3793 and 3797 of this title, and enacting provisions set out as a note under section 3796ll of this title] may be cited as the ‘Bulletproof Vest Partnership Grant Act of 1998’.”
Pub. L. 105–180, §1, June 16, 1998, 112 Stat. 511, provided that: “This Act [amending sections 3796a–1 and 3796c of this title] may be cited as the ‘Care for Police Survivors Act of 1998’.”
Pub. L. 104–238, §1, Oct. 3, 1996, 110 Stat. 3114, provided that: “This Act [enacting part B of subchapter XII of this chapter] may be cited as the ‘Federal Law Enforcement Dependents Assistance Act of 1996’.”
Pub. L. 103–322, title I, §10001, Sept. 13, 1994, 108 Stat. 1807, provided that: “This title [enacting subchapter XII–E of this chapter, amending sections 3793 and 3797 of this title, and enacting provisions set out as a note under section 3796dd of this title] may be cited as the ‘Public Safety Partnership and Community Policing Act of 1994’.”
Pub. L. 103–322, title XXXII, §320701, Sept. 13, 1994, 108 Stat. 2121, provided that: “This subtitle [subtitle G (§§320701, 320702) of title XXXII of Pub. L. 103–322, amending section 3760 of this title and enacting provisions set out as a note under section 3760 of this title] may be cited as the ‘Safer Streets and Neighborhoods Act of 1994’.”
Pub. L. 99–570, title I, §1551, Oct. 27, 1986, 100 Stat. 3207–41, provided that: “This subtitle [subtitle K (§§1551, 1552) of title I of Pub. L. 99–570, enacting subchapter XII–A of this chapter and amending sections 3741, 3782, 3783, 3789, 3793, and 3797 of this title] may be cited as the ‘State and Local Law Enforcement Assistance Act of 1986’.”
Section 601 of Pub. L. 98–473 provided that: “This division [division I (§§601–609AA) of chapter VI of title II of Pub. L. 98–473, enacting chapter 111, this section, and sections 3712, 3741 to 3748, 3769 to 3769d, 3771, 3786 to 3789 of this title, amending sections 3721, 3722, 3731, 3732, 3761 to 3766, 3782 to 3785, 3789d to 3789g, 3789i, 3789l, 3791, 3793, 3795, 3795b, 3796 to 3796c, and 3797 of this title, sections 5314 and 5315 of Title 5, Government Organization and Employees, and section 1761 of Title 18, Crimes and Criminal Procedure, omitting sections 3713 and 3772 to 3775 of this title, repealing sections 3701, 3724, 3734, 3751 to 3755, 3781, 3786 to 3789c, 3789h, 3789o, 3793b, and 3796 to 3796b of this title, enacting provisions set out as notes under this section and section 1028 of Title 18, and amending provisions set out as a note under section 1761 of Title 18] may be cited as the ‘Justice Assistance Act of 1984’.”
Section 1 of Pub. L. 96–157 provided: “That this Act [enacting this chapter, amending sections 5314 and 5315 of Title 5, Government Organization and Employees, section 1761 of Title 18, Crimes and Criminal Procedure, and section 35 of Title 41, Public Contracts, and enacting provisions set out as a note under section 1761 of Title 18] may be cited as the ‘Justice System Improvement Act of 1979’.”
Pub. L. 94–503, §1, Oct. 15, 1976, 90 Stat. 2407, provided: “That this Act [enacting sections 3726 and 3739 of this title, amending this section, sections 3701, 3721, 3723, 3724, 3725, 3731, 3732, 3733, 3734, 3736, 3737, 3738, 3742, 3750b, 3750d, 3751, 3755, 3757, 3763, 3766, 3767, 3768, 3769, 3781, 5633, 5635, and 5671 of this title, and sections 5108, 5315, and 5316 of Title 5, Government Organization and Employees, repealing section 3760 of this title, and enacting provisions set out as notes under sections 501, 509, and 532 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Crime Control Act of 1976’.”
Pub. L. 94–430, §1, Sept. 29, 1976, 90 Stat. 1346, provided: “That this Act [enacting sections 3796 to 3796c of this title, amending section 3768 of this title, and enacting provisions set out as notes under section 3796 of this title] may be cited as the ‘Public Safety Officers’ Benefits Act of 1976’.”
Pub. L. 93–83, §1, Aug. 6, 1973, 87 Stat. 197, provided: “That this Act [enacting sections 3738, 3770, and 3771 of this title, reenacting sections 3334(a), 3734, 3735, 3745, 3750, 3750a, 3751 to 3755, 3757 to 3759, 3761 to 3765, and 3792 of this title and section 5314(55) of Title 5, Government Organization and Employees, renumbering former section 3748 as 3747 and repealing former section 3747 of this title, and amending this section, sections 3701, 3721 to 3725, 3731 to 3733, 3736, 3737, 3741 to 3744, 3746, 3750b to 3750d, 3756, 3760, 3766 to 3769, 3781, 3791, 3793, and 3795 of this title, sections 5108(c)(10), 5315(90), and 5316(133) of Title 5, and section 484(n) of former Title 40, Public Buildings, Property, and Works] may be cited as the ‘Crime Control Act of 1973’.”
Pub. L. 91–644, §1, Jan. 2, 1971, 84 Stat. 1880, provided: “That this Act [enacting sections 3747, 3748, 3750 to 3750d, 3791 to 3793, and 3795 of this title and sections 351 and 1752 of Title 18, Crimes and Criminal Procedure, amending this section, sections 3723, 3724, 3731, 3733, 3735, 3736, 3746, 3756, 3763 to 3765, 3767 to 3769, and 3781 of this title, sections 5108 and 5313 to 5316 of Title 5, Government Organization and Employees, and sections 924, 3056, and 3731 of Title 18, enacting provisions set out as notes under section 3731 of Title 18, amending provisions set out as notes under section 2510 of Title 18, and repealing provisions set out as notes under section 2510 of Title 18] may be cited as the ‘Omnibus Crime Control Act of 1970’.”
Section 1 of Pub. L. 90–351, June 19, 1968, 82 Stat. 197, provided: “That this Act [enacting this chapter, sections 5315(90), 5316(126), and 7313 of Title 5, Government Organization and Employees, sections 921 to 928 (chapter 44), 2510 to 2520 (chapter 119), 3103a, 3501, and 3502 of Title 18, Crimes and Criminal Procedure, and Appendix to Title 18, amending section 3334(a) of this title, section 3731 of Title 18, and section 605 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, repealing sections 901 to 910 of Title 15, Commerce and Trade, enacting provisions set out as notes under sections 7313 of Title 5, sections 921 and 2510 of Title 18, and section 532 of Title 28, Judiciary and Judicial Procedure, and repealing provisions set out as a note preceding section 3001 of Title 18] may be cited as the ‘Omnibus Crime Control and Safe Streets Act of 1968’.”
Section 1601 of Pub. L. 90–351, title XI, June 19, 1968, 82 Stat. 239, provided that: “If the provisions of any part of this Act [see Short Title note above] or any amendments made thereby or the application thereof to any person or circumstances be held invalid, the provisions of the other parts and their application to other persons or circumstances shall not be affected thereby.” [Another section 1601 of Pub. L. 90–351 is classified to section 3796cc of this title.]
Section 609I of Pub. L. 98–473 provided that:
“(a) Any reference to the Law Enforcement Assistance Administration, or to the Administrator of the Law Enforcement Assistance Administration, in any law other than this Act [see Short Title of 1984 Amendment note set out above] and the Omnibus Crime Control and Safe Streets Act of 1968 [see Short Title note set out above], applicable to activities, functions, powers, and duties that after the date of the enactment of this Act [Oct. 12, 1984] are carried out by the Bureau of Justice Assistance shall be deemed to be a reference to the Bureau of Justice Assistance, or to the Director of the Bureau of Justice Assistance, as the case may be.
“(b) Any reference to the Office of Justice Assistance, Research, and Statistics, or to the Director of the Office of Justice Assistance, Research, and Statistics, in any law other than this Act and the Omnibus Crime Control and Safe Streets Act of 1968, applicable to activities, functions, powers, and duties that after the date of the enactment of this Act are carried out by the Office of Justice Programs, the Bureau of Justice Assistance, the Bureau of Justice Statistics, the National Institute of Justice, or the Office of Juvenile Justice [and] Delinquency Prevention shall be deemed to be a reference to the Office of Justice Programs, the Bureau of Justice Assistance, the Bureau of Justice Statistics, National Institute of Justice, or Office of Juvenile Justice [and] Delinquency Prevention, or to the Director of the Office of Justice Programs, the Director of the Bureau of Justice Assistance, the Director of the Bureau of Justice Statistics, the Director of the National Institute of Justice, or the Administrator of the Office of Juvenile Justice and Delinquency Prevention, as the case may be.”
The Assistant Attorney General shall—
(1) publish and disseminate information on the conditions and progress of the criminal justice systems;
(2) maintain liaison with the executive and judicial branches of the Federal and State governments in matters relating to criminal justice;
(3) provide information to the President, the Congress, the judiciary, State and local governments, and the general public relating to criminal justice;
(4) maintain liaison with public and private educational and research institutions, State and local governments, and governments of other nations relating to criminal justice;
(5) coordinate and provide staff support to coordinate the activities of the Office and the Bureau of Justice Assistance, the National Institute of Justice, the Bureau of Justice Statistics, the Office for Victims of Crime, and the Office of Juvenile Justice and Delinquency Prevention; and
(6) exercise such other powers and functions as may be vested in the Assistant Attorney General pursuant to this chapter or by delegation of the Attorney General, including placing special conditions on all grants, and determining priority purposes for formula grants.
The Assistant Attorney General shall submit an annual report to the President and to the Congress not later than March 31 of each year.
(Pub. L. 90–351, title I, §102, as added Pub. L. 98–473, title II, §603(a), Oct. 12, 1984, 98 Stat. 2078; amended Pub. L. 107–296, title II, §236, Nov. 25, 2002, 116 Stat. 2162; Pub. L. 109–162, title XI, §1152, Jan. 5, 2006, 119 Stat. 3113.)
This chapter, referred to in subsec. (a)(6), was in the original “this title”, meaning title I of Pub. L. 90–351, as added by Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1167, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables.
A prior section 3712, Pub. L. 90–351, title I, §102, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1170, described duties and functions of Administrator of Law Enforcement Assistance Administration, prior to the general amendment of this subchapter by Pub. L. 98–473.
2006—Subsec. (a)(5). Pub. L. 109–162, §1152(a), inserted “the Office for Victims of Crime,” after “the Bureau of Justice Statistics,”.
Subsec. (a)(6). Pub. L. 109–162, §1152(b), inserted “, including placing special conditions on all grants, and determining priority purposes for formula grants” before period at end.
2002—Subsec. (a)(5). Pub. L. 107–296 inserted “coordinate and” before “provide”.
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Section effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as a note under section 3711 of this title.
There is established within the Office an Office of Weed and Seed Strategies, headed by a Director appointed by the Attorney General.
The Director may assist States, units of local government, and neighborhood and community-based organizations in developing Weed and Seed strategies, as provided in section 3712b of this title.
There is authorized to be appropriated to carry out this section $60,000,000 for fiscal year 2006, and such sums as may be necessary for each of fiscal years 2007, 2008, and 2009, to remain available until expended.
(Pub. L. 90–351, title I, §103, as added Pub. L. 109–162, title XI, §1121(a), Jan. 5, 2006, 119 Stat. 3104.)
Pub. L. 109–162, title XI, §1121(c), Jan. 5, 2006, 119 Stat. 3107, as amended by Pub. L. 109–271, §8(n)(1), Aug. 12, 2006, 120 Stat. 767, provided that: “This section [enacting this section and sections 3712b and 3712c of this title and provisions set out as a note below] and the amendments made by this section take effect with respect to appropriations for fiscal year 2007 and for each fiscal year thereafter.”
Pub. L. 109–162, title XI, §1121(b), Jan. 5, 2006, 119 Stat. 3107, provided that:
“(1)
“(2)
From amounts made available under section 3712a(c) of this title, the Director of the Office of Weed and Seed Strategies may implement strategies, to be known as Weed and Seed strategies, to prevent, control, and reduce violent crime, criminal drug-related activity, and gang activity in designated Weed-and-Seed communities. Each such strategy shall involve both of the following activities:
Activities, to be known as Weeding activities, which shall include promoting and coordinating a broad spectrum of community efforts (especially those of law enforcement agencies and prosecutors) to arrest, and to sanction or incarcerate, persons in that community who participate or engage in violent crime, criminal drug-related activity, and other crimes that threaten the quality of life in that community.
Activities, to be known as Seeding activities, which shall include promoting and coordinating a broad spectrum of community efforts (such as drug abuse education, mentoring, and employment counseling) to provide—
(A) human services, relating to prevention, intervention, or treatment, for at-risk individuals and families; and
(B) community revitalization efforts, including enforcement of building codes and development of the economy.
The Director shall issue guidelines for the development and implementation of Weed and Seed strategies under this section. The guidelines shall ensure that the Weed and Seed strategy for a community referred to in subsection (a) of this section shall—
(1) be planned and implemented through and under the auspices of a steering committee, properly established in the community, comprised of—
(A) in a voting capacity, representatives of—
(i) appropriate law enforcement agencies; and
(ii) other public and private agencies, and neighborhood and community-based organizations, interested in criminal justice and community-based development and revitalization in the community; and
(B) in a voting capacity, both—
(i) the Drug Enforcement Administration's special agent in charge for the jurisdiction encompassing the community; and
(ii) the United States Attorney for the District encompassing the community;
(2) describe how law enforcement agencies, other public and private agencies, neighborhood and community-based organizations, and interested citizens are to cooperate in implementing the strategy; and
(3) incorporate a community-policing component that shall serve as a bridge between the Weeding activities under subsection (a)(1) of this section and the Seeding activities under subsection (a)(2) of this section.
For a community to be designated as a Weed-and-Seed community for purposes of subsection (a) of this section—
(1) the United States Attorney for the District encompassing the community must certify to the Director that—
(A) the community suffers from consistently high levels of crime or otherwise is appropriate for such designation;
(B) the Weed and Seed strategy proposed, adopted, or implemented by the steering committee has a high probability of improving the criminal justice system within the community and contains all the elements required by the Director; and
(C) the steering committee is capable of implementing the strategy appropriately; and
(2) the community must agree to formulate a timely and effective plan to independently sustain the strategy (or, at a minimum, a majority of the best practices of the strategy) when assistance under this section is no longer available.
An application for designation as a Weed-and-Seed community for purposes of subsection (a) of this section shall be submitted to the Director by the steering committee of the community in such form, and containing such information and assurances, as the Director may require. The application shall propose—
(1) a sustainable Weed and Seed strategy that includes—
(A) the active involvement of the United States Attorney for the District encompassing the community, the Drug Enforcement Administration's special agent in charge for the jurisdiction encompassing the community, and other Federal law enforcement agencies operating in the vicinity;
(B) a significant community-oriented policing component; and
(C) demonstrated coordination with complementary neighborhood and community-based programs and initiatives; and
(2) a methodology with outcome measures and specific objective indicia of performance to be used to evaluate the effectiveness of the strategy.
In implementing a strategy for a community under subsection (a) of this section, the Director may make grants to that community.
For each grant under this subsection, the community receiving that grant may not use any of the grant amounts for construction, except that the Assistant Attorney General may authorize use of grant amounts for incidental or minor construction, renovation, or remodeling.
A community may not receive grants under this subsection (or fall within such a community)—
(A) for a period of more than 10 fiscal years;
(B) for more than 5 separate fiscal years, except that the Assistant Attorney General may, in single increments and only upon a showing of extraordinary circumstances, authorize grants for not more than 3 additional separate fiscal years; or
(C) in an aggregate amount of more than $1,000,000, except that the Assistant Attorney General may, upon a showing of extraordinary circumstances, authorize grants for not more than an additional $500,000.
In making grants under this subsection, the Director shall ensure that—
(A) to the extent practicable, the distribution of such grants is geographically equitable and includes both urban and rural areas of varying population and area; and
(B) priority is given to communities that clearly and effectively coordinate crime prevention programs with other Federal programs in a manner that addresses the overall needs of such communities.
(A) Subject to subparagraph (B), the Federal share of a grant under this subsection may not exceed 75 percent of the total costs of the projects described in the application for which the grant was made.
(B) The requirement of subparagraph (A)—
(i) may be satisfied in cash or in kind; and
(ii) may be waived by the Assistant Attorney General upon a determination that the financial circumstances affecting the applicant warrant a finding that such a waiver is equitable.
To receive a grant under this subsection, the applicant must provide assurances that the amounts received under the grant shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for programs or services provided in the community.
(Pub. L. 90–351, title I, §104, as added Pub. L. 109–162, title XI, §1121(a), Jan. 5, 2006, 119 Stat. 3104.)
Section effective with respect to appropriations for fiscal year 2007 and for each fiscal year thereafter, see section 1121(c) of Pub. L. 109–162, set out as a note under section 3712a of this title.
For purposes of sections 3712a and 3712b of this title, the term “State” includes an Indian tribal government.
(Pub. L. 90–351, title I, §105, as added Pub. L. 109–162, title XI, §1121(a), Jan. 5, 2006, 119 Stat. 3107.)
Another section 105 of Pub. L. 90–351 was renumbered section 109 and is classified to section 3712h of this title.
Section effective with respect to appropriations for fiscal year 2007 and for each fiscal year thereafter, see section 1121(c) of Pub. L. 109–162, set out as a note under section 3712a of this title.
Section, Pub. L. 90–351, title I, §105, as added Pub. L. 109–162, title XI, §1158(a), Jan. 5, 2006, 119 Stat. 3114, which related to Office of Audit, Assessment, and Management, was renumbered section 109 of Pub. L. 90–351 by Pub. L. 109–271, §8(e), Aug. 12, 2006, 120 Stat. 766, and transferred to section 3712h of this title.
There is established within the Office a Community Capacity Development Office, headed by a Director appointed by the Attorney General. In carrying out the functions of the Office, the Director shall be subject to the authority, direction, and control of the Attorney General. Such authority, direction, and control may be delegated only to the Assistant Attorney General, without redelegation.
The purpose of the Office shall be to provide training to actual and prospective participants under programs covered by section 3712a(b) 1 of this title to assist such participants in understanding the substantive and procedural requirements for participating in such programs.
The Office shall be the exclusive element of the Department of Justice performing functions and activities for the purpose specified in paragraph (2). There are hereby transferred to the Office all functions and activities for such purpose performed immediately before January 5, 2006, by any other element of the Department. This does not preclude a grant-making office from providing specialized training and technical assistance in its area of expertise.
The Director shall, in coordination with the heads of the other elements of the Department, carry out the purpose of the Office through the following means:
(1) Promoting coordination of public and private efforts and resources within or available to States, units of local government, and neighborhood and community-based organizations.
(2) Providing information, training, and technical assistance.
(3) Providing support for inter- and intra-agency task forces and other agreements and for assessment of the effectiveness of programs, projects, approaches, or practices.
(4) Providing in the assessment of the effectiveness of neighborhood and community-based law enforcement and crime prevention strategies and techniques, in coordination with the National Institute of Justice.
(5) Any other similar means.
Training referred to in subsection (a) of this section shall be provided on a regional basis to groups of such participants. In a case in which remedial training is appropriate, as recommended by the Director or the head of any element of the Department, such training may be provided on a local basis to a single such participant.
The Director shall—
(1) identify grants under which clearly beneficial outcomes were obtained, and the characteristics of those grants that were responsible for obtaining those outcomes; and
(2) incorporate those characteristics into the training provided under this section.
not 2 to exceed 3 percent of all funding made available for a fiscal year for the programs covered by section 3712a(b) 1 of this title shall be reserved for the Community Capacity Development Office for the activities authorized by this section.
(Pub. L. 90–351, title I, §106, as added Pub. L. 109–162, title XI, §1159(a), Jan. 5, 2006, 119 Stat. 3116; amended Pub. L. 109–271, §8(f), Aug. 12, 2006, 120 Stat. 766.)
Section 3712a(b) of this title, referred to in subsecs. (a)(2) and (e), probably should be a reference to section 3712h(b) of this title because section 3712a(b) relates to Director assistance and section 3712h(b) specifically sets out covered programs.
January 5, 2006, referred to in subsec. (a)(3), was in the original “the date of the enactment of this Act” and was translated as meaning the date of enactment of Pub. L. 109–162, which enacted this section, to reflect the probable intent of Congress.
2006—Subsecs. (a)(2), (e). Pub. L. 109–217 substituted “section 3712a(b)” for “section 3712d(b)”.
Pub. L. 109–162, title XI, §1159(b), Jan. 5, 2006, 119 Stat. 3117, provided that: “This section [enacting this section] and the amendment made by this section take effect 90 days after the date of the enactment of this Act [Jan. 5, 2006].”
1 See References in Text Note below.
2 So in original. Probably should be capitalized.
There is established within the Office of Science and Technology, the Division of Applied Law Enforcement Technology, headed by an individual appointed by the Attorney General. The purpose of the Division shall be to provide leadership and focus to those grants of the Department of Justice that are made for the purpose of using or improving law enforcement computer systems.
In carrying out the purpose of the Division, the head of the Division shall—
(1) establish clear minimum standards for computer systems that can be purchased using amounts awarded under such grants; and
(2) ensure that recipients of such grants use such systems to participate in crime reporting programs administered by the Department, such as Uniform Crime Reports or the National Incident-Based Reporting System.
(Pub. L. 90–351, title I, §107, as added Pub. L. 109–162, title XI, §1160(a), Jan. 5, 2006, 119 Stat. 3117.)
Pub. L. 109–162, title XI, §1160(b), Jan. 5, 2006, 119 Stat. 3117, as amended by Pub. L. 109–271, §8(n)(4)(A), Aug. 12, 2006, 120 Stat. 768, provided that: “This section [enacting this section] and the amendment made by this section take effect on October 1, 2006.”
Unless otherwise specifically provided in an authorization, DOJ grant funds for a fiscal year shall remain available to be awarded and distributed to a grantee only in that fiscal year and the three succeeding fiscal years, subject to paragraphs (2) and (3). DOJ grant funds not so awarded and distributed shall revert to the Treasury.
DOJ grant funds for a fiscal year that are reprogrammed in a later fiscal year shall be treated for purposes of paragraph (1) as DOJ grant funds for such later fiscal year.
If DOJ grant funds were obligated and then deobligated, the period of availability that applies to those grant funds under paragraph (1) shall be extended by a number of days equal to the number of days from the date on which those grant funds were obligated to the date on which those grant funds were deobligated.
DOJ grant funds for a fiscal year that have been awarded and distributed to a grantee may be expended by that grantee only in the period permitted under the terms of the grant. DOJ grant funds not so expended shall be deobligated.
In this section, the term “DOJ grant funds” means, for a fiscal year, amounts appropriated for activities of the Department of Justice in carrying out grant programs for that fiscal year.
This section applies to DOJ grant funds for fiscal years beginning with fiscal year 2006.
(Pub. L. 90–351, title I, §108, as added Pub. L. 109–162, title XI, §1161(a), Jan. 5, 2006, 119 Stat. 3118; amended Pub. L. 109–271, §8(g), Aug. 12, 2006, 120 Stat. 767.)
2006—Subsec. (b). Pub. L. 109–271 substituted “be deobligated” for “revert to the Treasury”.
Pub. L. 109–162, title XI, §1161(b), Jan. 5, 2006, 119 Stat. 3118, as amended by Pub. L. 109–271, §8(n)(4)(B), Aug. 12, 2006, 120 Stat. 768, provided that: “This section [enacting this section] and the amendment made by this section take effect on October 1, 2006.”
There is established within the Office an Office of Audit, Assessment, and Management, headed by a Director appointed by the Attorney General. In carrying out the functions of the Office, the Director shall be subject to the authority, direction, and control of the Attorney General. Such authority, direction, and control may be delegated only to the Assistant Attorney General, without redelegation.
The purpose of the Office shall be to carry out and coordinate program assessments of, take actions to ensure compliance with the terms of, and manage information with respect to, grants under programs covered by subsection (b). The Director shall take special conditions of the grant into account and consult with the office that issued those conditions to ensure appropriate compliance.
The Office shall be the exclusive element of the Department of Justice, other than the Inspector General, performing functions and activities for the purpose specified in paragraph (2). There are hereby transferred to the Office all functions and activities, other than functions and activities of the Inspector General, for such purpose performed immediately before January 5, 2006, by any other element of the Department.
The programs referred to in subsection (a) are the following:
(1) The program under subchapter XII–E of this chapter.
(2) Any grant program carried out by the Office of Justice Programs.
(3) Any other grant program carried out by the Department of Justice that the Attorney General considers appropriate.
The Director shall select grants awarded under the programs covered by subsection (b) and carry out program assessments on such grants. In selecting such grants, the Director shall ensure that the aggregate amount awarded under the grants so selected represent not less than 10 percent of the aggregate amount of money awarded under all such grant programs.
This subsection does not affect the authority or duty of the Director of the National Institute of Justice to carry out overall evaluations of programs covered by subsection (b), except that such Director shall consult with the Director of the Office in carrying out such evaluations.
The program assessment required by paragraph (1) of a grant selected under paragraph (1) shall be carried out—
(A) not later than the end of the grant period, if the grant period is not more than 1 year; and
(B) at the end of each year of the grant period, if the grant period is more than 1 year.
The Director shall take such actions to ensure compliance with the terms of a grant as the Director considers appropriate with respect to each grant that the Director determines (in consultation with the head of the element of the Department of Justice concerned), through a program assessment under subsection (a) or other means, is not in compliance with such terms. In the case of a misuse of more than 1 percent of the grant amount concerned, the Director shall, in addition to any other action to ensure compliance that the Director considers appropriate, ensure that the entity responsible for such misuse ceases to receive any funds under any program covered by subsection (b) until such entity repays to the Attorney General an amount equal to the amounts misused. The Director may, in unusual circumstances, grant relief from this requirement to ensure that an innocent party is not punished.
The Director shall establish and maintain, in consultation with the chief information officer of the Office, a modern, automated system for managing all information relating to the grants made under the programs covered by subsection (b).
Not to exceed 3 percent of all funding made available for a fiscal year for the programs covered by subsection (b) shall be reserved for the Office of Audit, Assessment and Management for the activities authorized by this section.
(Pub. L. 90–351, title I, §109, formerly §105, as added Pub. L. 109–162, title XI, §1158(a), Jan. 5, 2006, 119 Stat. 3114; renumbered §109, Pub. L. 109–271, §8(e), Aug. 12, 2006, 120 Stat. 766.)
January 5, 2006, referred to in subsec. (a)(3), was in the original “the date of the enactment of this Act” and was translated as meaning the date of enactment of Pub. L. 109–162, which enacted this section, to reflect the probable intent of Congress.
Section was formerly classified to section 3712d of this title prior to renumbering by Pub. L. 109–271.
Pub. L. 109–162, title XI, §1158(b), Jan. 5, 2006, 119 Stat. 3116, as amended by Pub. L. 109–271, §8(n)(3), Aug. 12, 2006, 120 Stat. 768, provided that:
“(1)
“(2)
Subject to the availability of amounts provided in advance in appropriations Acts, the Office of Justice Programs shall make a grant to each State, which shall be used by the State, in conjunction with units of local government, State and local courts, other States, or combinations thereof in accordance with subsection (b) of this section.
Grants under this section may be used to establish and develop programs to—
(1) assist State and local law enforcement agencies in enforcing State and local criminal laws relating to computer crime, including infringement of copyrighted works over the Internet;
(2) assist State and local law enforcement agencies in educating the public to prevent and identify computer crime, including infringement of copyrighted works over the Internet;
(3) educate and train State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions of computer crime, including infringement of copyrighted works over the Internet;
(4) assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analysis of evidence of computer crimes; and
(5) facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer crimes with State and local law enforcement officers and prosecutors, including the use of multijurisdictional task forces.
To be eligible to receive a grant under this section, a State shall provide assurances to the Attorney General that the State—
(1) has in effect laws that penalize computer crime, such as criminal laws prohibiting—
(A) fraudulent schemes executed by means of a computer system or network;
(B) the unlawful damaging, destroying, altering, deleting, removing of computer software, or data contained in a computer, computer system, computer program, or computer network; or
(C) the unlawful interference with the operation of or denial of access to a computer, computer program, computer system, or computer network;
(2) an assessment of the State and local resource needs, including criminal justice resources being devoted to the investigation and enforcement of computer crime laws; and
(3) a plan for coordinating the programs funded under this section with other federally funded technical assistant and training programs, including directly funded local programs such as the Local Law Enforcement Block Grant program (described under the heading “Violent Crime Reduction Programs, State and Local Law Enforcement Assistance” of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105–119)).
The Federal share of a grant received under this section may not exceed 90 percent of the costs of a program or proposal funded under this section unless the Attorney General waives, wholly or in part, the requirements of this subsection.
There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2009 through 2013.
Of the amount made available to carry out this section in any fiscal year not more than 3 percent may be used by the Attorney General for salaries and administrative expenses.
Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands each shall be allocated 0.25 percent.
Notwithstanding any other provision of this section, the Attorney General may use amounts made available under this section to make grants to Indian tribes for use in accordance with this section.
(Pub. L. 106–572, §2, Dec. 28, 2000, 114 Stat. 3058; Pub. L. 110–403, title IV, §401(a), Oct. 13, 2008, 122 Stat. 4271.)
The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998, referred to in subsec. (c)(3), is Pub. L. 105–119, Nov. 26, 1997, 111 Stat. 2440. Provisions under the heading “Violent Crime Reduction Programs, State and Local Law Enforcement Assistance”, 111 Stat. 2452, are not classified to the Code.
Section was enacted as part of the Computer Crime Enforcement Act, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
A prior section 3713, Pub. L. 90–351, title I, §103, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1170, provided for an Office of Community Anti-Crime Programs, prior to the general amendment of this subchapter by Pub. L. 98–473.
2008—Subsec. (b)(1)–(3). Pub. L. 110–403, §401(a)(1), inserted “, including infringement of copyrighted works over the Internet” after “computer crime”.
Subsec. (e)(1). Pub. L. 110–403, §401(a)(2), substituted “2009 through 2013” for “2001 through 2004”.
The Office of Justice Programs of the Department of Justice may make grants to eligible State or local law enforcement entities, including law enforcement agencies of municipal governments and public educational institutions, for training, prevention, enforcement, and prosecution of intellectual property theft and infringement crimes (in this subsection referred to as “IP–TIC grants”), in accordance with the following:
IP–TIC grants may be used to establish and develop programs to do the following with respect to the enforcement of State and local true name and address laws and State and local criminal laws on anti-infringement, anti-counterfeiting, and unlawful acts with respect to goods by reason of their protection by a patent, trademark, service mark, trade secret, or other intellectual property right under State or Federal law:
(A) Assist State and local law enforcement agencies in enforcing those laws, including by reimbursing State and local entities for expenses incurred in performing enforcement operations, such as overtime payments and storage fees for seized evidence.
(B) Assist State and local law enforcement agencies in educating the public to prevent, deter, and identify violations of those laws.
(C) Educate and train State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions in matters involving those laws.
(D) Establish task forces that include personnel from State or local law enforcement entities, or both, exclusively to conduct investigations and forensic analyses of evidence and prosecutions in matters involving those laws.
(E) Assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analyses of evidence in matters involving those laws.
(F) Facilitate and promote the sharing, with State and local law enforcement officers and prosecutors, of the expertise and information of Federal law enforcement agencies about the investigation, analysis, and prosecution of matters involving those laws and criminal infringement of copyrighted works, including the use of multijurisdictional task forces.
To be eligible to receive an IP–TIC grant, a State or local government entity shall provide to the Attorney General, in addition to the information regularly required to be provided under the Financial Guide issued by the Office of Justice Programs and any other information required of Department of Justice's grantees—
(A) assurances that the State in which the government entity is located has in effect laws described in paragraph (1);
(B) an assessment of the resource needs of the State or local government entity applying for the grant, including information on the need for reimbursements of base salaries and overtime costs, storage fees, and other expenditures to improve the investigation, prevention, or enforcement of laws described in paragraph (1); and
(C) a plan for coordinating the programs funded under this section with other federally funded technical assistance and training programs, including directly funded local programs such as the Edward Byrne Memorial Justice Assistance Grant Program authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).
The Federal share of an IP–TIC grant may not exceed 50 percent of the costs of the program or proposal funded by the IP–TIC grant.
There is authorized to be appropriated to carry out this subsection the sum of $25,000,000 for each of fiscal years 2009 through 2013.
Of the amount made available to carry out this subsection in any fiscal year, not more than 3 percent may be used by the Attorney General for salaries and administrative expenses.
(Pub. L. 110–403, title IV, §401, Oct. 13, 2008, 122 Stat. 4271.)
The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (b)(2)(C), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197. Subpart 1 of part E of title I of the Act is classified generally to part A (§3750 et seq.) of subchapter V of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3711 of this title and Tables.
Section was enacted as part of the Prioritizing Resources and Organization for Intellectual Property Act of 2008, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
Section is comprised of section 401 of Pub. L. 110–403. Subsec. (a) of section 401 of Pub. L. 110–403 amended section 3713 of this title.
Subject to the availability of appropriations to carry out this subsection, the Attorney General, in consultation with the Director of the Federal Bureau of Investigation, shall, with respect to crimes related to the theft of intellectual property—
(1) ensure that there are at least 10 additional operational agents of the Federal Bureau of Investigation designated to support the Computer Crime and Intellectual Property Section of the Criminal Division of the Department of Justice in the investigation and coordination of intellectual property crimes;
(2) ensure that any Computer Hacking and Intellectual Property Crime Unit in the Department of Justice is supported by at least 1 agent of the Federal Bureau of Investigation (in addition to any agent supporting such unit as of October 13, 2008) to support such unit for the purpose of investigating or prosecuting intellectual property crimes;
(3) ensure that all Computer Hacking and Intellectual Property Crime Units located at an office of a United States Attorney are assigned at least 2 Assistant United States Attorneys responsible for investigating and prosecuting computer hacking or intellectual property crimes; and
(4) ensure the implementation of a regular and comprehensive training program—
(A) the purpose of which is to train agents of the Federal Bureau of Investigation in the investigation and prosecution of such crimes and the enforcement of laws related to intellectual property crimes; and
(B) that includes relevant forensic training related to investigating and prosecuting intellectual property crimes.
Subject to the availability of appropriations to carry out this subsection, and not later than 180 days after October 13, 2008, the Attorney General, through the United States Attorneys’ Offices, the Computer Crime and Intellectual Property section, and the Organized Crime and Racketeering section of the Department of Justice, and in consultation with the Federal Bureau of Investigation and other Federal law enforcement agencies, such as the Department of Homeland Security, shall create and implement a comprehensive, long-range plan to investigate and prosecute international organized crime syndicates engaging in or supporting crimes relating to the theft of intellectual property.
There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2009 through 2013.
(Pub. L. 110–403, title IV, §402, Oct. 13, 2008, 122 Stat. 4272.)
Section was enacted as part of the Prioritizing Resources and Organization for Intellectual Property Act of 2008, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
In addition to amounts otherwise authorized for resources to investigate and prosecute intellectual property crimes and other criminal activity involving computers, there are authorized to be appropriated for each of the fiscal years 2009 through 2013—
(A) $10,000,000 to the Director of the Federal Bureau of Investigation; and
(B) $10,000,000 to the Attorney General for the Criminal Division of the Department of Justice.
Any amounts appropriated under paragraph (1) shall remain available until expended.
Funds made available under subsection (a) shall be used by the Director of the Federal Bureau of Investigation and the Attorney General, for the Federal Bureau of Investigation and the Criminal Division of the Department of Justice, respectively, to—
(1) hire and train law enforcement officers to—
(A) investigate intellectual property crimes and other crimes committed through the use of computers and other information technology, including through the use of the Internet; and
(B) assist in the prosecution of such crimes; and
(2) enable relevant units of the Department of Justice, including units responsible for investigating computer hacking or intellectual property crimes, to procure advanced tools of forensic science and expert computer forensic assistance, including from non-governmental entities, to investigate, prosecute, and study such crimes.
(Pub. L. 110–403, title IV, §403, Oct. 13, 2008, 122 Stat. 4273.)
Section was enacted as part of the Prioritizing Resources and Organization for Intellectual Property Act of 2008, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
Not later than 1 year after October 13, 2008, and annually thereafter, the Attorney General shall submit a report to Congress on actions taken to carry out sections 3713a to 3713d of this title. The initial report required under this subsection shall be submitted by May 1, 2009. All subsequent annual reports shall be submitted by May 1st of each fiscal year thereafter. The report required under this subsection may be submitted as part of the annual performance report of the Department of Justice, and shall include the following:
(1) With respect to grants issued under section 3713a of this title, the number and identity of State and local law enforcement grant applicants, the number of grants issued, the dollar value of each grant, including a break down of such value showing how the recipient used the funds, the specific purpose of each grant, and the reports from recipients of the grants on the efficacy of the program supported by the grant. The Department of Justice shall use the information provided by the grant recipients to produce a statement for each individual grant. Such statement shall state whether each grantee has accomplished the purposes of the grant as established in section 3713a(b) of this title. Those grantees not in compliance with the requirements of sections 3713a to 3713d of this title shall be subject, but not limited to, sanctions as described in the Financial Guide issued by the Office of Justice Programs at the Department of Justice.
(2) With respect to the additional agents of the Federal Bureau of Investigation authorized under paragraphs (1) and (2) of section 3713b(a) of this title, the number of investigations and actions in which such agents were engaged, the type of each action, the resolution of each action, and any penalties imposed in each action.
(3) With respect to the training program authorized under section 3713b(a)(4) of this title, the number of agents of the Federal Bureau of Investigation participating in such program, the elements of the training program, and the subject matters covered by the program.
(4) With respect to the organized crime plan authorized under section 3713b(b) of this title, the number of organized crime investigations and prosecutions resulting from such plan.
(5) With respect to the authorizations under section 3713c of this title—
(A) the number of law enforcement officers hired and the number trained;
(B) the number and type of investigations and prosecutions resulting from the hiring and training of such law enforcement officers;
(C) the defendants involved in any such prosecutions;
(D) any penalties imposed in each such successful prosecution;
(E) the advanced tools of forensic science procured to investigate, prosecute, and study computer hacking or intellectual property crimes; and
(F) the number and type of investigations and prosecutions in such tools were used.
(6) Any other information that the Attorney General may consider relevant to inform Congress on the effective use of the resources authorized under sections 3713a, 3713b, and 3713c of this title.
(7) A summary of the efforts, activities, and resources the Department of Justice has allocated to the enforcement, investigation, and prosecution of intellectual property crimes, including—
(A) a review of the policies and efforts of the Department of Justice related to the prevention and investigation of intellectual property crimes, including efforts at the Office of Justice Programs, the Criminal Division of the Department of Justice, the Executive Office of United States Attorneys, the Office of the Attorney General, the Office of the Deputy Attorney General, the Office of Legal Policy, and any other agency or bureau of the Department of Justice whose activities relate to intellectual property;
(B) a summary of the overall successes and failures of such policies and efforts;
(C) a review of the investigative and prosecution activity of the Department of Justice with respect to intellectual property crimes, including—
(i) the number of investigations initiated related to such crimes;
(ii) the number of arrests related to such crimes; and
(iii) the number of prosecutions for such crimes, including—
(I) the number of defendants involved in such prosecutions;
(II) whether the prosecution resulted in a conviction; and
(III) the sentence and the statutory maximum for such crime, as well as the average sentence imposed for such crime; and
(D) a Department-wide assessment of the staff, financial resources, and other resources (such as time, technology, and training) devoted to the enforcement, investigation, and prosecution of intellectual property crimes, including the number of investigators, prosecutors, and forensic specialists dedicated to investigating and prosecuting intellectual property crimes.
(8) A summary of the efforts, activities, and resources that the Department of Justice has taken to—
(A) minimize duplicating the efforts, materials, facilities, and procedures of any other Federal agency responsible for the enforcement, investigation, or prosecution of intellectual property crimes; and
(B) enhance the efficiency and consistency with which Federal funds and resources are expended to enforce, investigate, or prosecute intellectual property crimes, including the extent to which the Department has utilized existing personnel, materials, technologies, and facilities.
The first report required to be submitted by the Attorney General under subsection (a) shall include a summary of the efforts, activities, and resources the Department of Justice has allocated in the 5 years prior to October 13, 2008, as well as the 1-year period following such date, to the enforcement, investigation, and prosecution of intellectual property crimes, including—
(1) a review of the policies and efforts of the Department of Justice related to the prevention and investigation of intellectual property crimes, including efforts at the Office of Justice Programs, the Criminal Division of the Department of Justice, the Executive Office of United States Attorneys, the Office of the Attorney General, the Office of the Deputy Attorney General, the Office of Legal Policy, and any other agency or bureau of the Department of Justice whose activities relate to intellectual property;
(2) a summary of the overall successes and failures of such policies and efforts;
(3) a review of the investigative and prosecution activity of the Department of Justice with respect to intellectual property crimes, including—
(A) the number of investigations initiated related to such crimes;
(B) the number of arrests related to such crimes; and
(C) the number of prosecutions for such crimes, including—
(i) the number of defendants involved in such prosecutions;
(ii) whether the prosecution resulted in a conviction; and
(iii) the sentence and the statutory maximum for such crime, as well as the average sentence imposed for such crime; and
(4) a Department-wide assessment of the staff, financial resources, and other resources (such as time, technology, and training) devoted to the enforcement, investigation, and prosecution of intellectual property crimes, including the number of investigators, prosecutors, and forensic specialists dedicated to investigating and prosecuting intellectual property crimes.
Not later than 1 year after October 13, 2008, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit a report to Congress on actions taken to carry out sections 3713a to 3713d of this title. The initial report required under this subsection shall be submitted by May 1, 2009. All subsequent annual reports shall be submitted by May 1st of each fiscal year thereafter. The report required under this subsection may be submitted as part of the annual performance report of the Department of Justice, and shall include—
(1) a review of the policies and efforts of the Bureau related to the prevention and investigation of intellectual property crimes;
(2) a summary of the overall successes and failures of such policies and efforts;
(3) a review of the investigative and prosecution activity of the Bureau with respect to intellectual property crimes, including—
(A) the number of investigations initiated related to such crimes;
(B) the number of arrests related to such crimes; and
(C) the number of prosecutions for such crimes, including—
(i) the number of defendants involved in such prosecutions;
(ii) whether the prosecution resulted in a conviction; and
(iii) the sentence and the statutory maximum for such crime, as well as the average sentence imposed for such crime; and
(4) a Bureau-wide assessment of the staff, financial resources, and other resources (such as time, technology, and training) devoted to the enforcement, investigation, and prosecution of intellectual property crimes, including the number of investigators, prosecutors, and forensic specialists dedicated to investigating and prosecuting intellectual property crimes.
The first report required to be submitted by the Director of the Federal Bureau of Investigation under subsection (c) shall include a summary of the efforts, activities, and resources the Federal Bureau of Investigation has allocated in the 5 years prior to October 13, 2008, as well as the 1-year period following such date to the enforcement, investigation, and prosecution of intellectual property crimes, including—
(1) a review of the policies and efforts of the Bureau related to the prevention and investigation of intellectual property crimes;
(2) a summary of the overall successes and failures of such policies and efforts;
(3) a review of the investigative and prosecution activity of the Bureau with respect to intellectual property crimes, including—
(A) the number of investigations initiated related to such crimes;
(B) the number of arrests related to such crimes; and
(C) the number of prosecutions for such crimes, including—
(i) the number of defendants involved in such prosecutions;
(ii) whether the prosecution resulted in a conviction; and
(iii) the sentence and the statutory maximum for such crime, as well as the average sentence imposed for such crime; and
(4) a Bureau-wide assessment of the staff, financial resources, and other resources (such as time, technology, and training) devoted to the enforcement, investigation, and prosecution of intellectual property crimes, including the number of investigators, prosecutors, and forensic specialists dedicated to investigating and prosecuting intellectual property crimes.
(Pub. L. 110–403, title IV, §404, Oct. 13, 2008, 122 Stat. 4274.)
Sections 3713a to 3713d of this title, referred to in subsecs. (a) and (c), was in the original “this title”, meaning title IV of Pub. L. 110–403, Oct. 13, 2008, 122 Stat. 4271, which enacted sections 3713a to 3713d of this title and amended section 3713 of this title. For complete classification of title IV to the Code, see Tables.
Section was enacted as part of the Prioritizing Resources and Organization for Intellectual Property Act of 2008, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
The Office for Domestic Preparedness of the Office of Justice Programs shall make a grant to each State, which shall be used by the State, in conjunction with units of local government, to enhance the capability of State and local jurisdictions to prepare for and respond to terrorist acts including events of terrorism involving weapons of mass destruction and biological, nuclear, radiological, incendiary, chemical, and explosive devices.
Grants under this section may be used to purchase needed equipment and to provide training and technical assistance to State and local first responders. In addition, grants under this section may be used to construct, develop, expand, modify, operate, or improve facilities to provide training or assistance to State and local first responders.
There is authorized to be appropriated to carry out this section such sums as necessary for each of fiscal years 2002 through 2007.
Of the amount made available to carry out this section in any fiscal year not more than 3 percent may be used by the Attorney General for salaries and administrative expenses.
Each State shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, except that the United States Virgin Islands, America Samoa, Guam, and the Northern Mariana Islands each shall be allocated not less than 0.25 percent.
(Pub. L. 107–56, title X, §1014, Oct. 26, 2001, 115 Stat. 399; Pub. L. 107–273, div. C, title I, §11003, Nov. 2, 2002, 116 Stat. 1816.)
Section was enacted as part of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or USA PATRIOT Act, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
2002—Subsec. (a). Pub. L. 107–273, §11003(a)(1), which directed amendment of subsec. (a) by substituting “Office for Domestic Preparedness” for “Office of State and Local Domestic Preparedness Support”, was executed by making the substitution for “Office for State and Local Domestic Preparedness Support” to reflect the probable intent of Congress.
Subsec. (b). Pub. L. 107–273, §11003(b), inserted at end “In addition, grants under this section may be used to construct, develop, expand, modify, operate, or improve facilities to provide training or assistance to State and local first responders.”
Subsec. (c)(3). Pub. L. 107–273, §11003(a)(2), inserted “not less than” before “0.25 percent”.
For transfer of functions, personnel, assets, and liabilities of the Office for Domestic Preparedness of the Office of Justice Programs, including the functions of the Attorney General relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(5), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
The Attorney General, through the Office of Justice Programs, shall make grants under this section to the highest State courts in States participating in the program, for the purpose of enabling such courts to establish and maintain a threat assessment database described in subsection (b).
For purposes of subsection (a), a threat assessment database is a database through which a State can—
(1) analyze trends and patterns in domestic terrorism and crime;
(2) project the probabilities that specific acts of domestic terrorism or crime will occur; and
(3) develop measures and procedures that can effectively reduce the probabilities that those acts will occur.
The Attorney General shall define a core set of data elements to be used by each database funded by this section so that the information in the database can be effectively shared with other States and with the Department of Justice.
There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2008 through 2011.
(Pub. L. 110–177, title III, §303, Jan. 7, 2008, 121 Stat. 2540.)
Section was enacted as part of the Court Security Improvement Act of 2007, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
Notwithstanding any other provision of law, during any fiscal year the Attorney General—
(1) may make grants, or enter into cooperative agreements and contracts, for the Office of Justice Programs and the component organizations of that Office (including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of Public Law 90–351); 1 and
(2) shall have final authority over all functions, including any grants, cooperative agreements, and contracts made, or entered into, for the Office of Justice Programs and the component organizations of that Office (including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of Public Law 90–351).1
(Pub. L. 105–277, div. A, §101(b) [title I, §112], Oct. 21, 1998, 112 Stat. 2681–50, 2681–67; Pub. L. 107–56, title VI, §614, Oct. 26, 2001, 115 Stat. 370; Pub. L. 107–273, div. A, title II, §205(d), Nov. 2, 2002, 116 Stat. 1778.)
Public Law 90–351, referred to in pars. (1) and (2), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197, as amended, known as the Omnibus Crime Control and Safe Streets Act of 1968. Title 1 of Public Law 90–351 probably means title I of the Act which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3711 of this title and Tables.
Section was enacted as part of the Department of Justice Appropriations Act, 1999, and also as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
Section was formerly classified as a note under section 3712 of this title.
2002—Pub. L. 107–273 substituted “any fiscal year the Attorney General—” for “fiscal year 1999, the Assistant Attorney General for the Office of Justice Programs of the Department of Justice—” in introductory provisions.
2001—Par. (1). Pub. L. 107–56, §614(1), inserted “(including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of Public Law 90–351)” after “that Office”.
Par. (2). Pub. L. 107–56, §614, inserted “functions, including any” after “all” and “(including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of Public Law 90–351)” after “that Office”.
Pub. L. 106–113, div. B, §1000(a)(1) [title I, §108(a)], Nov. 29, 1999, 113 Stat. 1535, 1501A–20, as amended by Pub. L. 107–56, title VI, §614, Oct. 26, 2001, 115 Stat. 370, provided that: “Notwithstanding any other provision of law, for fiscal year 2000, the Assistant Attorney General for the Office of Justice Programs of the Department of Justice—
“(1) may make grants, or enter into cooperative agreements and contracts, for the Office of Justice Programs and the component organizations of that Office (including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of Public Law 90–351 [see References in Text note above]); and
“(2) shall have final authority over all functions, including any grants, cooperative agreements and contracts made, or entered into, for the Office of Justice Programs and the component organizations of that Office (including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of Public Law 90–351 [see References in Text note above]), except for grants made under the provisions of sections 201, 202, 301, and 302 of the Omnibus Crime Control and Safe Streets Act of 1968 [42 U.S.C. 3721, 3722, 3731, 3732], as amended; and sections 204(b)(3), 241(e)(1), 243(a)(1), 243(a)(14) and 287A(3) of the Juvenile Justice and Delinquency Prevention Act of 1974 [42 U.S.C. 5614(b)(3) and former 42 U.S.C. 5651(e)(1), 5653(a)(1), (14), 5667d–1(3)], as amended.”
[Pub. L. 106–553, §1(a)(2) [title I, §108], Dec. 21, 2000, 114 Stat. 2762, 2762A–67, provided that: “Section 108(a) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000 (as enacted into law by section 1000(a)(1) of Public Law 106–113) [set out above] shall apply for fiscal year 2001 and thereafter.”]
1 See References in Text note below.
The Assistant Attorney General of the Office of Justice Programs, in coordination with the Chief Information Officer and Chief Financial Officer of the Department of Justice, shall ensure that—
(1) all accounting activities for all elements of the Office of Justice Programs are carried out under the direct management of the Office of the Comptroller; and
(2) all procurement activities for all elements of the Office are carried out under the direct management of the Office of Administration.
The Assistant Attorney General, in coordination with the Chief Information Officer and Chief Financial Officer of the Department of Justice, shall ensure that, on and after September 30, 2008—
(1) all procurement activities for all elements of the Office are carried out through a single management office; and
(2) all contracts and purchase orders used in carrying out those activities are processed through a single procurement system.
The Assistant Attorney General, in coordination with the Chief Information Officer and Chief Financial Officer of the Department of Justice, shall ensure that, on and after September 30, 2010, all financial management activities (including human resources, payroll, and accounting activities, as well as procurement activities) of all elements of the Office are carried out through a single financial management system.
The Assistant Attorney General shall undertake a scheduled consolidation of operations to achieve compliance with the requirements of this section.
With respect to achieving compliance with the requirements of—
(A) subsection (a) of this section, the consolidation of operations shall be initiated not later than 90 days after January 5, 2006; and
(B) subsections (b) and (c) of this section, the consolidation of operations shall be initiated not later than September 30, 2006, and shall be carried out by the Office of Administration, in consultation with the Chief Information Officer and the Office of Audit, Assessment, and Management.
(Pub. L. 109–162, title XI, §1162, Jan. 5, 2006, 119 Stat. 3118.)
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.
At the request of a State, local, or tribal law enforcement agency, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that—
(A) constitutes a crime of violence;
(B) constitutes a felony under the State, local, or tribal laws; and
(C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws.
In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime.
The Attorney General may award grants to State, local, and tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes.
In implementing the grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants.
Each State, local, and tribal law enforcement agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require.
Applications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe.
A State, local, and tribal law enforcement agency applying for a grant under this subsection shall—
(i) describe the extraordinary purposes for which the grant is needed;
(ii) certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime;
(iii) demonstrate that, in developing a plan to implement the grant, the State, local, and tribal law enforcement agency has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and
(iv) certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection.
An application for a grant under this subsection shall be approved or denied by the Attorney General not later than 180 business days after the date on which the Attorney General receives the application.
A grant under this subsection shall not exceed $100,000 for any single jurisdiction in any 1-year period.
Not later than December 31, 2011, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended.
There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2010, 2011, and 2012.
(Pub. L. 111–84, div. E, §4704, Oct. 28, 2009, 123 Stat. 2837.)
Section was enacted as part of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, and also as part of the National Defense Authorization Act for Fiscal Year 2010, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
Pub. L. 111–84, div. E, §4703(b), Oct. 28, 2009, 123 Stat. 2836, provided that: “In this division [enacting this section and section 3716a of this title and sections 249 and 1389 of Title 18, Crimes and Criminal Procedure, amending section 249 of Title 18, enacting provisions set out as notes under sections 1 and 249 of Title 18, and amending provisions set out as a note under section 534 and provisions listed in a table relating to sentencing guidelines set out under section 994, of Title 28, Judiciary and Judicial Procedure]—
“(1) the term ‘crime of violence’ has the meaning given that term in section 16 of title 18, United States Code;
“(2) the term ‘hate crime’ has the meaning given that term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 2096), as amended by this Act [enacting provisions listed in a table relating to sentencing guidelines set out under section 994 of Title 28, Judiciary and Judicial Procedure];
“(3) the term ‘local’ means a county, city, town, township, parish, village, or other general purpose political subdivision of a State; and
“(4) the term ‘State’ includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.”
The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or tribal programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes.
There are authorized to be appropriated such sums as may be necessary to carry out this section.
(Pub. L. 111–84, div. E, §4705, Oct. 28, 2009, 123 Stat. 2838.)
Section was enacted as part of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, and also as part of the National Defense Authorization Act for Fiscal Year 2010, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter.
For definitions of terms used in this section, see section 4703(b) of Pub. L. 111–84, set out as a note under section 3716 of this title.