From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2005]
[Document not affected by Public Laws enacted between
January 3, 2005 and January 18, 2007]
[CITE: 42USC3721]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
SUBCHAPTER II--NATIONAL INSTITUTE OF JUSTICE
Sec. 3721. Statement of purpose
It is the purpose of this subchapter to establish a National
Institute of Justice, which shall provide for and encourage research and
demonstration efforts for the purpose of--
(1) improving Federal, State, and local criminal justice systems
and related aspects of the civil justice system;
(2) preventing and reducing crimes;
(3) insuring citizen access to appropriate dispute-resolution
forums; and
(4) identifying programs of proven effectiveness, programs
having a record of proven success, or programs which offer a high
probability of improving the functioning of the criminal justice
system.
The Institute shall have authority to engage in and encourage research
and development to improve and strengthen the criminal justice system
and related aspects of the civil justice system and to disseminate the
results of such efforts to Federal, State, and local governments, to
evaluate the effectiveness of programs funded under this chapter, to
develop and demonstrate new or improved approaches and techniques, to
improve and strengthen the administration of justice, and to identify
programs or projects carried out under this chapter which have
demonstrated success in improving the quality of justice systems and
which offer the likelihood of success if continued or repeated. In
carrying out the provisions of this subchapter, the Institute shall give
primary emphasis to the problems of State and local justice systems and
shall insure that there is a balance between basic and applied research.
(Pub. L. 90-351, title I, Sec. 201, as added Pub. L. 96-157, Sec. 2,
Dec. 27, 1979, 93 Stat. 1172; amended Pub. L. 98-473, title II,
Sec. 604(a), Oct. 12, 1984, 98 Stat. 2078.)
Prior Provisions
A prior section 3721, Pub. L. 90-351, title I, Sec. 201, June 19,
1968, 82 Stat. 198; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 197;
Pub. L. 94-503, title I, Sec. 104, Oct. 15, 1976, 90 Stat. 2408, set out
Congressional statement of purpose in providing for a program of
planning grants, prior to the general amendment of this chapter by Pub.
L. 96-157.
Amendments
1984--Pub. L. 98-473 redesignated par. (5) as (4), struck out former
par. (4) relating to improvement of efforts to detect, investigate,
prosecute, and otherwise combat and prevent white-collar crime and
public corruption, and in closing provisions struck out ``to develop
alternatives to judicial resolution of disputes,'' after ``local
governments,'', and inserted ``and demonstrate'' after ``to develop''.
Effective Date of 1984 Amendment
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.
Assessing and Reducing Threat to Law Enforcement Officers From Criminal
Use of Firearms and Ammunition
Pub. L. 104-132, title VIII, Sec. 809, Apr. 24, 1996, 110 Stat.
1311, provided that:
``(a) The Secretary of the Treasury, in conjunction with the
Attorney General, shall conduct a study and make recommendations
concerning--
``(1) the extent and nature of the deaths and serious injuries,
in the line of duty during the last decade, for law enforcement
officers, including--
``(A) those officers who were feloniously killed or
seriously injured and those that died or were seriously injured
as a result of accidents or other non-felonious causes;
``(B) those officers feloniously killed or seriously injured
with firearms, those killed or seriously injured with,
separately, handguns firing handgun caliber ammunition, handguns
firing rifle caliber ammunition, rifles firing rifle caliber
ammunition, rifles firing handgun caliber ammunition and
shotguns;
``(C) those officers feloniously killed or seriously injured
with firearms, and killings or serious injuries committed with
firearms taken by officers' assailants from officers, and those
committed with other officers' firearms; and
``(D) those killed or seriously injured because shots
attributable to projectiles defined as `armor piercing
ammunition' under section 921(a)(17)(B)(i) and (ii) of title 18,
United States Code, pierced the protective material of bullet
resistant vests and bullet resistant headgear;
``(2) whether current passive defensive strategies, such as body
armor, are adequate to counter the criminal use of firearms against
law officers; and
``(3) the calibers of ammunition that are--
``(A) sold in the greatest quantities;
``(B) their common uses, according to consultations with
industry, sporting organizations and law enforcement;
``(C) the calibers commonly used for civilian defensive or
sporting uses that would be affected by any prohibition on non-
law enforcement sales of such ammunition, if such ammunition is
capable of penetrating minimum level bullet resistant vests; and
``(D) recommendations for increase in body armor
capabilities to further protect law enforcement from threat.
``(b) In conducting the study, the Secretary shall consult with
other Federal, State and local officials, non-governmental
organizations, including all national police organizations, national
sporting organizations and national industry associations with expertise
in this area and such other individuals as shall be deemed necessary.
Such study shall be presented to Congress twelve months after the
enactment of this Act [Apr. 24, 1996] and made available to the public,
including any data tapes or data used to form such recommendations.
``(c) There are authorized to be appropriated for the study and
recommendations such sums as may be necessary.''
National Commission to Support Law Enforcement
Pub. L. 101-647, title XXXIV, Nov. 29, 1990, 104 Stat. 4918, as
amended by Pub. L. 103-322, title XXVI, Sec. 260002, Sept. 13, 1994, 108
Stat. 2089, provided that:
``SEC. 3401. CONGRESSIONAL FINDINGS.
``The Congress finds that--
``(1) law enforcement officers risk their lives daily to protect
citizens, for modest rewards and too little recognition;
``(2) a significant shift has occurred in the problems that law
enforcement officers face without a corresponding change in the
support from the Federal Government;
``(3) law enforcement officers are on the front line in the war
against drugs and crime;
``(4) the rate of violent crime continues to increase along with
the increase in drug use;
``(5) a large percentage of individuals arrested test positive
for drug usage;
``(6) the Presidential Commission on Law Enforcement and the
Administration of Justice of 1965 focused attention on many issues
affecting law enforcement, and a review 25 years later would help to
evaluate current problems, including drug-related crime, violence,
racial conflict, and decreased funding; and
``(7) a comprehensive study of law enforcement issues, including
the role of the Federal Government in supporting law enforcement
officers, working conditions, and responsibility for crime control
would assist in redefining the relationships between the Federal
Government, the public, and law enforcement officials.
``SEC. 3402. ESTABLISHMENT.
``There is hereby established the National Commission to Support Law
Enforcement (hereafter in this title referred to as the `Commission').
``SEC. 3403. DUTIES.
``(a) In General.--The Commission shall study and include in the
report made under section 3407 recommendations for changes regarding law
enforcement agencies and law enforcement issues on the Federal, State,
and local levels, including the following:
``(1) Funding.--The sufficiency of funding, including a review
of grant programs at the Federal level.
``(2) Employment.--The conditions of law enforcement employment.
``(3) Information.--The effectiveness of information-sharing
systems, intelligence, infrastructure, and procedures among law
enforcement agencies of Federal, State, and local governments.
``(4) Research and training.--The status of law enforcement
research and education and training.
``(5) Equipment and resources.--The adequacy of equipment,
physical resources, and human resources.
``(6) Cooperation.--The cooperation among Federal, State, and
local law enforcement agencies.
``(7) Responsibility.--The responsibility of governments and law
enforcement agencies in solving the crime problem.
``(8) Impact.--The impact of the criminal justice system,
including court schedules and prison overcrowding, on law
enforcement.
``(b) Consultation.--The Commission shall conduct surveys and
consult with focus groups of law enforcement officers, local officials,
and community leaders across the Nation to obtain information and seek
advice on important law enforcement issues.
``SEC. 3404. MEMBERSHIP.
``(a) [Repealed. Pub. L. 103-322, title XXVI, Sec. 260002, Sept. 13,
1994, 108 Stat. 2089.]
``(b) Compensation.--
``(1) In general.--Members of the Commission shall receive no
additional pay, allowances, or benefits by reason of service on the
Commission.
``(2) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of subsistence,
in accordance with sections 5702 and 5703 of title 5, United States
Code.
``SEC. 3405. EXPERTS AND CONSULTANTS.
``(a) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
``(b) Staff of Federal Agencies.--Upon request of the Commission,
the head of any Federal agency is authorized to detail, on a
reimbursable basis, any of the personnel of that agency to the
Commission to assist the Commission in carrying out its duties under
this title.
``(c) Administrative Support.--The Administrator of General Services
shall provide to the Commission, on a reimbursable basis, administrative
support services as the Commission may request.
``SEC. 3406. POWERS OF COMMISSION.
``(a) Hearings.--The Commission may, for purposes of this title,
hold hearings, sit and act at the times and places, take testimony, and
receive evidence, as the Commission considers appropriate.
``(b) Delegation of Authority.--Any member or agent of the
Commission may, if authorized by the Commission, take any action the
Commission is authorized to take by this section.
``(c) Information.--The Commission may secure directly from any
Federal agency information necessary to enable it to carry out this
title. Upon request of the chairperson of the Commission, the head of an
agency shall furnish the information to the Commission to the extent
permitted by law.
``(d) Gifts and Donations.--The Commission may accept, use, and
dispose of gifts or donations of services or property.
``(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
``SEC. 3407. REPORT.
``Not later than the expiration of the 18-month period beginning on
the date of the enactment of this title [Nov. 29, 1990], the Commission
shall submit to the Congress a report containing the findings of the
Commission and specific proposals for legislation and administrative
actions that the Commission has determined to be appropriate.
``SEC. 3408. TERMINATION.
``The Commission shall cease to exist upon the expiration of the 60-
day period beginning on the date on which the Commission submits its
report under section 3407.''
Pub. L. 101-515, title II, Sec. 211(B), Nov. 5, 1990, 104 Stat.
2122, as amended by Pub. L. 103-322, title XXVI, Sec. 260001, Sept. 13,
1994, 108 Stat. 2088; Pub. L. 104-316, title I, Sec. 122(m), Oct. 19,
1996, 110 Stat. 3838, provided that:
``(B)(a) This subsection may be cited as the `National Commission to
Support Law Enforcement Act'.
``(b) The Congress finds that--
``(1) law enforcement officers risk their lives daily to protect
citizens, for modest rewards and too little recognition;
``(2) a significant shift has occurred in the problems that law
enforcement officers face without a corresponding change in the
support from the Federal Government;
``(3) law enforcement officers are on the front line in the war
against drugs and crime;
``(4) the rate of violent crime continues to increase along with
the increase in drug use;
``(5) a large percentage of individuals arrested test positive
for drug usage;
``(6) the Presidential Commission on Law Enforcement and the
Administration of Justice of 1965 focused attention on many issues
affecting law enforcement, and a review twenty-five years later
would help to evaluate current problems, including drug-related
crime, violence, racial conflict, and decrease[d] funding; and
``(7) a comprehensive study of law enforcement issues, including
the role of the Federal Government in supporting law enforcement
officers, working conditions, and responsibility for crime control
would assist in redefining the relationships between the Federal
Government, the public, and law enforcement officials.
``(c) There is established a national commission to be known as the
`National Commission to Support Law Enforcement' (referred to in this
section as the `Commission').
``(d) The Commission shall study and recommend changes regarding law
enforcement agencies and law enforcement issues on the Federal, State,
and local levels, including the following:
``(1) The sufficiency of funding, including a review of grant
programs at the Federal level.
``(2) The conditions of law enforcement employment.
``(3) The effectiveness of information-sharing systems,
intelligence, infrastructure, and procedures among law enforcement
agencies of Federal, State, and local governments.
``(4) The status of law enforcement research and education and
training.
``(5) The adequacy of equipment, physical resources, and human
resources.
``(6) The cooperation among Federal, State, and local law
enforcement agencies.
``(7) The responsibility of governments and law enforcement
agencies in solving the crime problem.
``(8) The impact of the criminal justice system, including court
schedules and prison overcrowding, on law enforcement.
``(e) The Commission shall conduct surveys and consult with focus
groups of law enforcement officers, local officials, and community
leaders across the Nation to obtain information and seek advice on
important law enforcement issues.
``(f) Number and Appointment.--
``(1) In general.--The Commission shall be composed of 29
members as follows:
``(A) Nine individuals appointed from national law
enforcement organizations representing law enforcement officers,
of whom--
``(i) two shall be appointed by the Speaker of the House
of Representatives;
``(ii) two shall be appointed by the majority leader of
the Senate;
``(iii) two shall be appointed by the minority leader of
the House of Representatives;
``(iv) two shall be appointed by the minority leader of
the Senate; and
``(v) one shall be appointed by the President.
``(B) Nine individuals appointed from national law
enforcement organizations representing law enforcement
management, of whom--
``(i) two shall be appointed by the Speaker of the House
of Representatives;
``(ii) two shall be appointed by the majority leader of
the Senate;
``(iii) two shall be appointed by the minority leader of
the House of Representatives;
``(iv) two shall be appointed by the minority leader of
the Senate; and
``(v) one shall be appointed by the President.
``(C) Two individuals appointed with academic expertise
regarding law enforcement issues, of whom--
``(i) one shall be appointed by the Speaker of the House
of Representatives and the majority leader of the Senate;
and
``(ii) one shall be appointed by the minority leader of
the Senate and the minority leader of the House of
Representatives.
``(D) Two Members of the House of Representatives, appointed
by the Speaker and the minority leader of the House of
Representatives.
``(E) Two Members of the Senate, appointed by the majority
leader and the minority leader of the Senate.
``(F) One individual from the Department of Justice,
appointed by the President.
``(G) Two individuals representing a State or local
governmental entity, such as a Governor, mayor, or State
attorney general, to be appointed jointly by the majority leader
and the minority leader of the Senate.
``(H) Two individuals representing a State or local
governmental entity, such as a Governor, mayor, or State
attorney general, to be appointed jointly by the Speaker and the
minority leader of the House of Representatives.
``(2) Comptroller general.--The Comptroller General may serve in
an advisory capacity, may oversee the methodology, and may approve
of the Commission study.
``(3) Chairperson.--Upon their appointment the members of the
Commission shall select one of their number to act as chairperson.
``(4) Appointment date.--Members of the Commission shall be
appointed no later than 90 days after the enactment of this Act
[probably means enactment of Pub. L. 103-322, which was approved
Sept. 13, 1994].
``(g)(1) Members of the Commission shall receive no additional pay,
allowance, or benefit by reason of service on the Commission.
``(2) Each member of the Commission shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
``(h) The Commission may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code.
``(i) Upon request of the Commission, the head of any Federal agency
is authorized to detail, on a reimbursable basis, any of the personnel
of that agency to the Commission to assist the Commission in carrying
out its duties under this section.
``(j) The Administrator of General Services shall provide to the
Commission, on a reimbursable basis, administrative support services as
the Commission may request.
``(k) The Commission may, for purposes of this section, hold
hearings, sit and act at the times and places, take testimony, and
receive evidence, as the Commission considers appropriate.
``(l) Any member or agent of the Commission may, if authorized by
the Commission, take any action the Commission is authorized to take by
this section.
``(m) The Commission may secure directly from any Federal agency
information necessary to enable it to carry out this section. Upon
request of the chairperson of the Commission, the head of an agency
shall furnish the information to the Commission to the extent permitted
by law.
``(n) The Commission may accept, use, and dispose of gifts or
donations of services or property.
``(o) The Commission may use the United States mails in the same
manner and under the same conditions as other Federal agencies.
``(p) Not later than March 31, 1996, the Commission shall submit to
the Congress a report containing the findings of the Commission and
specific proposals for legislation and administrative actions that the
Commission has determined to be appropriate.
``(q) The Commission shall cease to exist upon the expiration of the
sixty-day period beginning on the date on which the Commission submits
its report under subsection (p).''
| File Type | application/msword |
| File Title | From the U |
| Author | schultzs |
| Last Modified By | schultzs |
| File Modified | 2008-03-26 |
| File Created | 2008-03-26 |