BJS Authorizing Legislation

§ 3723

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Subsec. (c)(3). Pub. L. 98–473, § 604(b)(2)(B), substituted
‘‘chapter’’ for ‘‘subchapter’’.
Subsec. (c)(4) to (7). Pub. L. 98–473, § 604(b)(2)(C), (F),
redesignated pars. (5) to (8) as (4) to (7), respectively,
and struck out former par. (4) relating to evaluation of
programs and projects under other subchapters of this
chapter to determine their impact upon criminal and
civil justice systems and achievement of purposes and
policies of this chapter and for dissemination of information.
Subsec. (c)(8). Pub. L. 98–473, § 604(b)(2)(D)(i), (ii), (F),
redesignated par. (10) as (8) and, in par. (8) as so designated, struck out ‘‘nationality priority grants under
subchapter V of this chapter and’’ after ‘‘for funding
as’’ and substituted ‘‘subchapter V of this chapter’’ for
‘‘subchapter VI of this chapter’’. Former par. (8) redesignated (7).
Subsec. (c)(9). Pub. L. 98–473, § 604(b)(2)(E), (F), redesignated par. (11) as (9), and struck out former par. (9)
relating to a biennial report to President and Congress
on state of justice research.
Subsec. (c)(10), (11). Pub. L. 98–473, § 604(b)(2)(F), redesignated pars. (10) and (11) as (8) and (9), respectively.
EFFECTIVE DATE OF 2002 AMENDMENT
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.
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.
REPORT ON DRUG-TESTING TECHNOLOGIES
Pub. L. 107–273, div. B, title II, § 2201, Nov. 2, 2002, 116
Stat. 1793, provided that:
‘‘(a) REQUIREMENT.—The National Institute of Justice
shall conduct a study of drug-testing technologies in
order to identify and assess the efficacy, accuracy, and
usefulness for purposes of the National effort to detect
the use of illicit drugs of any drug-testing technologies
(including the testing of hair) that may be used as alternatives or complements to urinalysis as a means of
detecting the use of such drugs.
‘‘(b) REPORT.—Not later than 2 years after the date of
enactment of this Act [Nov. 2, 2002], the Institute shall
submit to Congress a report on the results of the study
conducted under subsection (a).’’
ANTI-STALKING LEGISLATION EVALUATION, MODEL
DEVELOPMENT, DISSEMINATION AND REPORT
Pub. L. 102–395, title I, § 109(b), Oct. 6, 1992, 106 Stat.
1842, directed Attorney General, acting through Director of National Institute of Justice, to evaluate existing and proposed anti-stalking legislation in the
States, develop model anti-stalking legislation that is
constitutional and enforceable, prepare and disseminate to State authorities the findings made as a result
of such evaluation, and report to Congress the findings
and the need or appropriateness of further action by
the Federal Government by Sept. 30, 1993.

§ 3723. Authority for 100 per centum grants
A grant authorized under this subchapter may
be up to 100 per centum of the total cost of each
project for which such grant is made. The Institute shall require, whenever feasible, as a condition of approval of a grant under this subchapter, that the recipient contribute money,
facilities, or services to carry out the purposes
for which the grant is sought.
(Pub. L. 90–351, title I, § 203, as added Pub. L.
96–157, § 2, Dec. 27, 1979, 93 Stat. 1174.)
PRIOR PROVISIONS
A prior section 3723, Pub. L. 90–351, title I, § 203, June
19, 1968, 82 Stat. 199; Pub. L. 91–644, title I, § 3(a)–(c),

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Jan. 2, 1971, 84 Stat. 1881; Pub. L. 93–83, § 2, Aug. 6, 1973,
87 Stat. 198; Pub. L. 93–415, title V, § 542, Sept. 7, 1974,
88 Stat. 1142; Pub. L. 94–503, title I, § 105, Oct. 15, 1976,
90 Stat. 2408; Pub. L. 95–115, § 9(b), Oct. 3, 1977, 91 Stat.
1061, provided for establishment of State planning agencies, prior to the general amendment of this chapter by
Pub. L. 96–157.

§ 3724. Repealed. Pub. L. 98–473, title II, § 604(c),
Oct. 12, 1984, 98 Stat. 2079
Section, Pub. L. 90–351, title I, § 204, as added Pub. L.
96–157, § 2, Dec. 27, 1979, 93 Stat. 1174, provided for a National Institute of Justice Advisory Board, including
the establishment and composition of the Board, rules
respecting organization and procedure, term of office,
duties of the Board, and delegation of powers and duties to the Director.
Prior sections 3724 to 3726 were omitted in the general
revision of this chapter by Pub. L. 96–157.
Section 3724, Pub. L. 90–351, title I, § 204, June 19, 1968,
82 Stat. 199; Pub. L. 91–644, title I, § 3(d), Jan. 2, 1971, 84
Stat. 1881; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 199;
Pub. L. 94–503, title I, § 106, Oct. 15, 1976, 90 Stat. 2410,
related to maximum percentage of Federal grant funds
in expenses incurred by States.
Section 3725, Pub. L. 90–351, title I, § 205, June 19, 1968,
82 Stat. 199; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 199;
Pub. L. 94–503, title I, § 107, Oct. 15, 1976, 90 Stat. 2410,
related to allocation of funds and reallocation of unused funds.
Section 3726, Pub. L. 90–351, title I, § 206, as added
Pub. L. 94–503, title I, § 108, Oct. 15, 1976, 90 Stat. 2411,
related to advisory review of comprehensive statewide
plans by States.
EFFECTIVE DATE OF REPEAL
Repeal 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.

SUBCHAPTER III—BUREAU OF JUSTICE
STATISTICS
§ 3731. Statement of purpose
It is the purpose of this subchapter to provide
for and encourage the collection and analysis of
statistical information concerning crime, juvenile delinquency, and the operation of the criminal justice system and related aspects of the
civil justice system and to support the development of information and statistical systems at
the Federal, State, and local levels to improve
the efforts of these levels of government to
measure and understand the levels of crime, juvenile delinquency, and the operation of the
criminal justice system and related aspects of
the civil justice system. The Bureau shall utilize
to the maximum extent feasible State governmental organizations and facilities responsible
for the collection and analysis of criminal justice data and statistics. In carrying out the provisions of this subchapter, the Bureau shall give
primary emphasis to the problems of State and
local justice systems.
(Pub. L. 90–351, title I, § 301, as added Pub. L.
96–157, § 2, Dec. 27, 1979, 93 Stat. 1176; amended
Pub. L. 98–473, title II, § 605(a), Oct. 12, 1984, 98
Stat. 2079.)
PRIOR PROVISIONS
A prior section 3731, Pub. L. 90–351, title I, § 301, June
19, 1968, 82 Stat. 199; Pub. L. 91–644, title I, § 4(1)–(4), Jan.
2, 1971, 84 Stat. 1882; Pub. L. 93–83, § 2, Aug. 6, 1973, 87
Stat. 199; Pub. L. 94–503, title I, §§ 109, 128(b), Oct. 15,

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

1976, 90 Stat. 2411, 2424, related to purposes and categories of grants for law enforcement and criminal justice purposes, prior to the general amendment of this
chapter by Pub. L. 96–157.
AMENDMENTS
1984—Pub. L. 98–473 struck out ‘‘(including white-collar crime and public corruption)’’ after ‘‘information
concerning crime’’ and ‘‘(including crimes against the
elderly, white-collar crime, and public corruption)’’
after ‘‘levels of crime’’.
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.

§ 3732. Bureau of Justice Statistics
(a) Establishment
There is established within the Department of
Justice, under the general authority of the Attorney General, a Bureau of Justice Statistics
(hereinafter referred to in this subchapter as
‘‘Bureau’’).
(b) Appointment of Director; experience; authority; restrictions
The Bureau shall be headed by a Director appointed by the President, by and with the advice
and consent of the Senate. The Director shall
have had experience in statistical programs. The
Director shall have final authority for all
grants, cooperative agreements, and contracts
awarded by the Bureau. The Director shall be responsible for the integrity of data and statistics
and shall protect against improper or illegal use
or disclosure. The Director shall report to the
Attorney General through the Assistant Attorney General. The Director shall not engage in
any other employment than that of serving as
Director; nor shall the Director hold any office
in, or act in any capacity for, any organization,
agency, or institution with which the Bureau
makes any contract or other arrangement under
this Act.
(c) Duties and functions of Bureau
The Bureau is authorized to—
(1) make grants to, or enter into cooperative
agreements or contracts with public agencies,
institutions of higher education, private organizations, or private individuals for purposes
related to this subchapter; grants shall be
made subject to continuing compliance with
standards for gathering justice statistics set
forth in rules and regulations promulgated by
the Director;
(2) collect and analyze information concerning criminal victimization, including crimes
against the elderly, and civil disputes;
(3) collect and analyze data that will serve
as a continuous and comparable national social indication of the prevalence, incidence,
rates, extent, distribution, and attributes of
crime, juvenile delinquency, civil disputes,
and other statistical factors related to crime,
civil disputes, and juvenile delinquency, in
support of national, State, tribal, and local
justice policy and decisionmaking;
(4) collect and analyze statistical information, concerning the operations of the criminal justice system at the Federal, State, tribal, and local levels;

§ 3732

(5) collect and analyze statistical information concerning the prevalence, incidence,
rates, extent, distribution, and attributes of
crime, and juvenile delinquency, at the Federal, State, tribal, and local levels;
(6) analyze the correlates of crime, civil disputes and juvenile delinquency, by the use of
statistical information, about criminal and
civil justice systems at the Federal, State,
tribal, and local levels, and about the extent,
distribution and attributes of crime, and juvenile delinquency, in the Nation and at the
Federal, State, tribal, and local levels;
(7) compile, collate, analyze, publish, and
disseminate uniform national statistics concerning all aspects of criminal justice and related aspects of civil justice, crime, including
crimes against the elderly, juvenile delinquency, criminal offenders, juvenile delinquents, and civil disputes in the various States
and in Indian country;
(8) recommend national standards for justice
statistics and for insuring the reliability and
validity of justice statistics supplied pursuant
to this chapter;
(9) maintain liaison with the judicial
branches of the Federal Government and State
and tribal governments in matters relating to
justice statistics, and cooperate with the judicial branch in assuring as much uniformity as
feasible in statistical systems of the executive
and judicial branches;
(10) provide information to the President,
the Congress, the judiciary, State, tribal, and
local governments, and the general public on
justice statistics;
(11) establish or assist in the establishment
of a system to provide State, tribal, and local
governments with access to Federal informational resources useful in the planning, implementation, and evaluation of programs under
this Act;
(12) conduct or support research relating to
methods of gathering or analyzing justice statistics;
(13) provide for the development of justice
information systems programs and assistance
to the States, Indian tribes, and units of local
government relating to collection, analysis, or
dissemination of justice statistics;
(14) develop and maintain a data processing
capability to support the collection, aggregation, analysis and dissemination of information on the incidence of crime and the operation of the criminal justice system;
(15) collect, analyze and disseminate comprehensive Federal justice transaction statistics
(including statistics on issues of Federal justice interest such as public fraud and high
technology crime) and to provide technical assistance to and work jointly with other Federal agencies to improve the availability and
quality of Federal justice data;
(16) provide for the collection, compilation,
analysis, publication and dissemination of information and statistics about the prevalence,
incidence, rates, extent, distribution and attributes of drug offenses, drug related offenses
and drug dependent offenders and further provide for the establishment of a national clearinghouse to maintain and update a compre-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

hensive and timely data base on all criminal
justice aspects of the drug crisis and to disseminate such information;
(17) provide for the collection, analysis, dissemination and publication of statistics on the
condition and progress of drug control activities at the Federal, State, tribal, and local levels with particular attention to programs and
intervention efforts demonstrated to be of
value in the overall national anti-drug strategy and to provide for the establishment of a
national clearinghouse for the gathering of
data generated by Federal, State, tribal, and
local criminal justice agencies on their drug
enforcement activities;
(18) provide for the development and enhancement of State, tribal, and local criminal
justice information systems, and the standardization of data reporting relating to the collection, analysis or dissemination of data and
statistics about drug offenses, drug related offenses, or drug dependent offenders;
(19) provide for improvements in the accuracy, quality, timeliness, immediate accessibility, and integration of State and tribal
criminal history and related records, support
the development and enhancement of national
systems of criminal history and related
records including the National Instant Criminal Background Check System, the National
Incident-Based Reporting System, and the
records of the National Crime Information
Center, facilitate State and tribal participation in national records and information systems, and support statistical research for critical analysis of the improvement and utilization of criminal history records;
(20) maintain liaison with State, tribal, and
local governments and governments of other
nations concerning justice statistics;
(21) cooperate in and participate with national and international organizations in the
development of uniform justice statistics;
(22) ensure conformance with security and
privacy requirement of section 3789g of this
title and identify, analyze, and participate in
the development and implementation of privacy, security and information policies which
impact on Federal, tribal, and State criminal
justice operations and related statistical activities; and
(23) exercise the powers and functions set
out in subchapter VIII of this chapter.
(d) Justice statistical collection, analysis, and
dissemination
(1) In general
To ensure that all justice statistical collection, analysis, and dissemination is carried
out in a coordinated manner, the Director is
authorized to—
(A) utilize, with their consent, the services, equipment, records, personnel, information, and facilities of other Federal, State,
local, and private agencies and instrumentalities with or without reimbursement
therefor, and to enter into agreements with
such agencies and instrumentalities for purposes of data collection and analysis;
(B) confer and cooperate with State, municipal, and other local agencies;

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(C) request such information, data, and reports from any Federal agency as may be required to carry out the purposes of this
chapter;
(D) seek the cooperation of the judicial
branch of the Federal Government in gathering data from criminal justice records;
(E) encourage replication, coordination
and sharing among justice agencies regarding information systems, information policy, and data; and
(F) confer and cooperate with Federal statistical agencies as needed to carry out the
purposes of this subchapter, including by entering into cooperative data sharing agreements in conformity with all laws and regulations applicable to the disclosure and use
of data.
(2) Consultation with Indian tribes
The Director, acting jointly with the Assistant Secretary for Indian Affairs (acting
through the Office of Justice Services) and the
Director of the Federal Bureau of Investigation, shall work with Indian tribes and tribal
law enforcement agencies to establish and implement such tribal data collection systems as
the Director determines to be necessary to
achieve the purposes of this section.
(e) Furnishing of information, data, or reports by
Federal agencies
Federal agencies requested to furnish information, data, or reports pursuant to subsection
(d)(1)(C) of this section shall provide such information to the Bureau as is required to carry out
the purposes of this section.
(f) Consultation with representatives of State,
tribal, and local government and judiciary
In recommending standards for gathering justice statistics under this section, the Director
shall consult with representatives of State, tribal, and local government, including, where appropriate, representatives of the judiciary.
(g) Reports
Not later than 1 year after July 29, 2010, and
annually thereafter, the Director shall submit
to Congress a report describing the data collected and analyzed under this section relating
to crimes in Indian country.
(Pub. L. 90–351, title I, § 302, as added Pub. L.
96–157, § 2, Dec. 27, 1979, 93 Stat. 1176; amended
Pub. L. 98–473, title II, § 605(b), Oct. 12, 1984, 98
Stat. 2079; Pub. L. 100–690, title VI, § 6092(a), Nov.
18, 1988, 102 Stat. 4339; Pub. L. 103–322, title
XXXIII, § 330001(h)(2), Sept. 13, 1994, 108 Stat.
2139; Pub. L. 109–162, title XI, § 1115(a), Jan. 5,
2006, 119 Stat. 3103; Pub. L. 111–211, title II,
§ 251(b), July 29, 2010, 124 Stat. 2297.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (b) and (c)(11), is Pub.
L. 90–351, June 19, 1968, 82 Stat. 197, known as the Omnibus Crime Control and Safe Streets Act of 1968. For
complete classification of this Act to the Code, see
Short Title note set out under section 3711 of this title
and Tables.
PRIOR PROVISIONS
A prior section 3732, Pub. L. 90–351, title I, § 302, June
19, 1968, 82 Stat. 200; Pub. L. 93–83, § 2, Aug. 6, 1973, 87

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Stat. 201; Pub. L. 94–503, title I, § 110, Oct. 15, 1976, 90
Stat. 2412, related to establishment of State planning
agencies to develop comprehensive State plans for
grants for law enforcement and criminal justice purposes, prior to the general amendment of this chapter
by Pub. L. 96–157.
AMENDMENTS
2010—Subsec. (c)(3) to (6). Pub. L. 111–211,
§ 251(b)(1)(A), inserted ‘‘tribal,’’ after ‘‘State,’’ wherever
appearing.
Subsec. (c)(7). Pub. L. 111–211, § 251(b)(1)(B), inserted
‘‘and in Indian country’’ after ‘‘States’’.
Subsec. (c)(9). Pub. L. 111–211, § 251(b)(1)(C), substituted ‘‘Federal Government and State and tribal
governments’’ for ‘‘Federal and State Governments’’.
Subsec. (c)(10), (11). Pub. L. 111–211, § 251(b)(1)(D), inserted ‘‘, tribal,’’ after ‘‘State’’.
Subsec. (c)(13). Pub. L. 111–211, § 251(b)(1)(E), inserted
‘‘, Indian tribes,’’ after ‘‘States’’.
Subsec. (c)(17). Pub. L. 111–211, § 251(b)(1)(F), substituted ‘‘activities at the Federal, State, tribal, and
local’’ for ‘‘activities at the Federal, State and local’’
and ‘‘generated by Federal, State, tribal, and local’’ for
‘‘generated by Federal, State, and local’’.
Subsec. (c)(18). Pub. L. 111–211, § 251(b)(1)(G), substituted ‘‘State, tribal, and local’’ for ‘‘State and
local’’.
Subsec. (c)(19). Pub. L. 111–211, § 251(b)(1)(H), inserted
‘‘and tribal’’ after ‘‘State’’ in two places.
Subsec. (c)(20). Pub. L. 111–211, § 251(b)(1)(I), inserted
‘‘, tribal,’’ after ‘‘State’’.
Subsec. (c)(22). Pub. L. 111–211, § 251(b)(1)(J), inserted
‘‘, tribal,’’ after ‘‘Federal’’.
Subsec. (d). Pub. L. 111–211, § 251(b)(2), designated existing provisions as par. (1), inserted par. (1) heading,
substituted ‘‘To ensure’’ for ‘‘To insure’’, redesignated
former pars. (1) to (6) as subpars. (A) to (F), respectively, of par. (1), realigned margins, and added par. (2).
Subsec. (e). Pub. L. 111–211, § 251(b)(3), substituted
‘‘subsection (d)(1)(C)’’ for ‘‘subsection (d)(3)’’.
Subsec. (f). Pub. L. 111–211, § 251(b)(4)(B), inserted
‘‘, tribal,’’ after ‘‘State’’.
Pub. L. 111–211, § 251(b)(4)(A), which directed insertion
of ‘‘, tribal,’’ after ‘‘State’’ in heading, was executed
editorially but could not be executed in original because heading had been editorially supplied.
Subsec. (g). Pub. L. 111–211, § 251(b)(5), added subsec.
(g).
2006—Subsec. (b). Pub. L. 109–162, § 1115(a)(1), inserted
after third sentence ‘‘The Director shall be responsible
for the integrity of data and statistics and shall protect
against improper or illegal use or disclosure.’’
Subsec. (c)(19). Pub. L. 109–162, § 1115(a)(2), amended
par. (19) generally. Prior to amendment, par. (19) read
as follows: ‘‘provide for research and improvements in
the accuracy, completeness, and inclusiveness of criminal history record information, information systems,
arrest warrant, and stolen vehicle record information
and information systems and support research concerning the accuracy, completeness, and inclusiveness of
other criminal justice record information;’’.
Subsec. (d)(6). Pub. L. 109–162, § 1115(a)(3), added par.
(6).
1994—Subsec. (c)(19). Pub. L. 103–322 substituted a
semicolon for period at end.
1988—Subsec. (c)(16) to (23). Pub. L. 100–690 added pars.
(16) to (19) and redesignated former pars. (16) to (19) as
(20) to (23), respectively.
1984—Subsec. (b). Pub. L. 98–473, § 605(b)(1), inserted
provision requiring Director to report to Attorney General through Assistant Attorney General.
Subsec. (c)(13). Pub. L. 98–473, § 605(b)(2)(A), (C), added
par. (13) and struck out former par. (13) relating to provision of financial and technical assistance to States
and units of local government relating to collection,
analysis, or dissemination of justice statistics.
Subsec. (c)(14), (15). Pub. L. 98–473, § 605(b)(2)(C), added
pars. (14) and (15). Former pars. (14) and (15) redesignated (16) and (17), respectively.

§ 3732

Subsec. (c)(16). Pub. L. 98–473, § 605(b)(2)(A), (B), redesignated par. (14) as (16) and struck out former par. (16)
relating to insuring conformance with security and privacy regulations issued under section 3789g of this title.
Subsec. (c)(17). Pub. L. 98–473, § 605(b)(2)(B), redesignated par. (15) as (17). Former par. (17) redesignated
(19).
Subsec. (c)(18). Pub. L. 98–473, § 605(b)(2)(D), added par.
(18).
Subsec. (c)(19). Pub. L. 98–473, § 605(b)(2)(B), redesignated former par. (17) as (19).
Subsec. (d)(1). Pub. L. 98–473, § 605(b)(3)(A), inserted
‘‘, and to enter into agreements with such agencies and
instrumentalities for purposes of data collection and
analysis’’.
Subsec. (d)(5). Pub. L. 98–473, § 605(b)(3)(B)–(D), added
par. (5).
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.
CONSTRUCTION OF 2010 AMENDMENT
Pub. L. 111–211, title II, § 251(c), July 29, 2010, 124 Stat.
2298, provided that: ‘‘Nothing in this section [amending
this section and provisions set out as a note under section 534 of Title 28, Judiciary and Judicial Procedure]
or any amendment made by this section—
‘‘(1) allows the grant to be made to, or used by, an
entity for law enforcement activities that the entity
lacks jurisdiction to perform; or
‘‘(2) has any effect other than to authorize, award,
or deny a grant of funds to a federally recognized Indian tribe for the purposes described in the relevant
grant program.’’
[For definition of ‘‘Indian tribe’’ as used in section
251(c) of Pub. L. 111–211, set out above, see section 203(a)
of Pub. L. 111–211, set out as a note under section 2801
of Title 25, Indians.]
STUDY OF CRIMES AGAINST SENIORS
Pub. L. 106–534, § 5, Nov. 22, 2000, 114 Stat. 2557, provided that:
‘‘(a) IN GENERAL.—The Attorney General shall conduct a study relating to crimes against seniors, in
order to assist in developing new strategies to prevent
and otherwise reduce the incidence of those crimes.
‘‘(b) ISSUES ADDRESSED.—The study conducted under
this section shall include an analysis of—
‘‘(1) the nature and type of crimes perpetrated
against seniors, with special focus on—
‘‘(A) the most common types of crimes that affect
seniors;
‘‘(B) the nature and extent of telemarketing,
sweepstakes, and repair fraud against seniors; and
‘‘(C) the nature and extent of financial and material fraud targeted at seniors;
‘‘(2) the risk factors associated with seniors who
have been victimized;
‘‘(3) the manner in which the Federal and State
criminal justice systems respond to crimes against
seniors;
‘‘(4) the feasibility of States establishing and maintaining a centralized computer database on the incidence of crimes against seniors that will promote the
uniform identification and reporting of such crimes;
‘‘(5) the effectiveness of damage awards in court actions and other means by which seniors receive reimbursement and other damages after fraud has been established; and
‘‘(6) other effective ways to prevent or reduce the
occurrence of crimes against seniors.’’
INCLUSION OF SENIORS IN NATIONAL CRIME
VICTIMIZATION SURVEY
Pub. L. 106–534, § 6, Nov. 22, 2000, 114 Stat. 2557, provided that: ‘‘Beginning not later than 2 years after the
date of enactment of this Act [Nov. 22, 2000], as part of

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

each National Crime Victimization Survey, the Attorney General shall include statistics relating to—
‘‘(1) crimes targeting or disproportionately affecting seniors;
‘‘(2) crime risk factors for seniors, including the
times and locations at which crimes victimizing seniors are most likely to occur; and
‘‘(3) specific characteristics of the victims of crimes
who are seniors, including age, gender, race or ethnicity, and socioeconomic status.’’
CRIME VICTIMS WITH DISABILITIES AWARENESS
Pub. L. 105–301, Oct. 27, 1998, 112 Stat. 2838, as amended by Pub. L. 106–402, title IV, § 401(b)(10), Oct. 30, 2000,
114 Stat. 1739, provided that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Crime Victims With
Disabilities Awareness Act’.
‘‘SEC. 2. FINDINGS; PURPOSES.
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) although research conducted abroad demonstrates that individuals with developmental disabilities are at a 4 to 10 times higher risk of becoming
crime victims than those without disabilities, there
have been no significant studies on this subject conducted in the United States;
‘‘(2) in fact, the National Crime Victim’s Survey,
conducted annually by the Bureau of Justice Statistics of the Department of Justice, does not specifically collect data relating to crimes against individuals with developmental disabilities;
‘‘(3) studies in Canada, Australia, and Great Britain
consistently show that victims with developmental
disabilities suffer repeated victimization because so
few of the crimes against them are reported, and even
when they are, there is sometimes a reluctance by police, prosecutors, and judges to rely on the testimony
of a disabled individual, making individuals with developmental disabilities a target for criminal predators;
‘‘(4) research in the United States needs to be done
to—
‘‘(A) understand the nature and extent of crimes
against individuals with developmental disabilities;
‘‘(B) describe the manner in which the justice system responds to crimes against individuals with developmental disabilities; and
‘‘(C) identify programs, policies, or laws that hold
promises for making the justice system more responsive to crimes against individuals with developmental disabilities; and
‘‘(5) the National Academy of Science Committee
on Law and Justice of the National Research Council
is a premier research institution with unique experience in developing seminal, multidisciplinary studies
to establish a strong research base from which to
make public policy.
‘‘(b) PURPOSES.—The purposes of this Act are—
‘‘(1) to increase public awareness of the plight of
victims of crime who are individuals with developmental disabilities;
‘‘(2) to collect data to measure the extent of the
problem of crimes against individuals with developmental disabilities; and
‘‘(3) to develop a basis to find new strategies to address the safety and justice needs of victims of crime
who are individuals with developmental disabilities.
‘‘SEC. 3. DEFINITION OF DEVELOPMENTAL DISABILITY.
‘‘In this Act, the term ‘developmental disability’ has
the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act
of 2000 [42 U.S.C. 15002].
‘‘SEC. 4. STUDY.
‘‘(a) IN GENERAL.—The Attorney General shall conduct a study to increase knowledge and information
about crimes against individuals with developmental

Page 5024

disabilities that will be useful in developing new strategies to reduce the incidence of crimes against those individuals.
‘‘(b) ISSUES ADDRESSED.—The study conducted under
this section shall address such issues as—
‘‘(1) the nature and extent of crimes against individuals with developmental disabilities;
‘‘(2) the risk factors associated with victimization
of individuals with developmental disabilities;
‘‘(3) the manner in which the justice system responds to crimes against individuals with developmental disabilities; and
‘‘(4) the means by which States may establish and
maintain a centralized computer database on the incidence of crimes against individuals with disabilities
within a State.
‘‘(c) NATIONAL ACADEMY OF SCIENCES.—In carrying
out this section, the Attorney General shall consider
contracting with the Committee on Law and Justice of
the National Research Council of the National Academy of Sciences to provide research for the study conducted under this section.
‘‘(d) REPORT.—Not later than 18 months after the date
of enactment of this Act [Oct. 27, 1998], the Attorney
General shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a
report describing the results of the study conducted
under this section.
‘‘SEC. 5. NATIONAL CRIME VICTIM’S SURVEY.
‘‘Not later than 2 years after the date of enactment
of this Act, as part of each National Crime Victim’s
Survey, the Attorney General shall include statistics
relating to—
‘‘(1) the nature of crimes against individuals with
developmental disabilities; and
‘‘(2) the specific characteristics of the victims of
those crimes.’’

§ 3733. Authority for 100 per centum grants
A grant authorized under this subchapter may
be up to 100 per centum of the total cost of each
project for which such grant is made. The Bureau shall require, whenever feasible as a condition of approval of a grant under this subchapter, that the recipient contribute money,
facilities, or services to carry out the purposes
for which the grant is sought.
(Pub. L. 90–351, title I, § 303, as added Pub. L.
96–157, § 2, Dec. 27, 1979, 93 Stat. 1178.)
PRIOR PROVISIONS
A prior section 3733, Pub. L. 90–351, title I, § 303, June
19, 1968, 82 Stat. 201; Pub. L. 91–644, title I, § 4(5), (6),
Jan. 2, 1971, 84 Stat. 1883; Pub. L. 93–83, § 2, Aug. 6, 1973,
87 Stat. 201; Pub. L. 93–415, title V, § 543, Sept. 7, 1974,
88 Stat. 1142; Pub. L. 94–503, title I, § 111, Oct. 15, 1976,
90 Stat. 2413; Pub. L. 96–181, § 15(b), Jan. 2, 1980, 93 Stat.
1316, set out requirements of State plans in order to
qualify for grants for law enforcement and criminal
justice purposes, prior to the general amendment of
this chapter by Pub. L. 96–157.

§ 3734. Repealed. Pub. L. 98–473, title II, § 605(c),
Oct. 12, 1984, 98 Stat. 2080
Section, Pub. L. 90–351, title I, § 304, as added Pub. L.
96–157, § 2, Dec. 27, 1979, 93 Stat. 1178, provided for a Bureau of Justice Statistics Advisory Board, including establishment and composition of Board, rules respecting
organization and procedure, term of office, duties and
functions of Board, and delegation of powers and duties
to Director.
A prior section 3734, Pub. L. 90–351, title I, § 304, June
19, 1968, 82 Stat. 202; Pub. L. 93–83, § 2, Aug. 6, 1973, 87
Stat. 203; Pub. L. 94–503, title I, § 112, Oct. 15, 1976, 90
Stat. 2414, related to plans or applications for financial
assistance from local government units, prior to the
general revision of this chapter by Pub. L. 96–157.

Page 5025

TITLE 42—THE PUBLIC HEALTH AND WELFARE
EFFECTIVE DATE OF REPEAL

Repeal 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.

§ 3735. Use of data
Data collected by the Bureau shall be used
only for statistical or research purposes, and
shall be gathered in a manner that precludes
their use for law enforcement or any purpose relating to a private person or public agency other
than statistical or research purposes.
(Pub. L. 90–351, title I, § 304, formerly § 305, as
added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat.
1179; renumbered § 304, Pub. L. 98–473, title II,
§ 605(d), Oct. 12, 1984, 98 Stat. 2080; amended Pub.
L. 109–162, title XI, § 1115(b), Jan. 5, 2006, 119 Stat.
3104.)
PRIOR PROVISIONS
A prior section 304 of Pub. L. 90–351, as added by Pub.
L. 96–157, was classified to section 3734 of this title
prior to repeal by Pub. L. 98–473, title II, § 605(c), Oct.
12, 1984, 98 Stat. 2080.
Prior sections 3735 to 3739 were omitted in the general
amendment of this chapter by Pub. L. 96–157.
Section 3735, Pub. L. 90–351, title I, § 305, June 19, 1968,
82 Stat. 202; Pub. L. 91–644, title I, § 4(7), Jan. 2, 1971, 84
Stat. 1883; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 203, related to reallocation of funds.
Section 3736, Pub. L. 90–351, title I, § 306, June 19, 1968,
82 Stat. 202; Pub. L. 91–644, title I, § 4(8), Jan. 2, 1971, 84
Stat. 1883; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 203;
Pub. L. 94–503, title I, § 113, Oct. 15, 1976, 90 Stat. 2415,
related to allocation of funds.
Section 3737, Pub. L. 90–351, title I, § 307, June 19, 1968,
82 Stat. 202; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 204;
Pub. L. 94–503, title I, § 114, Oct. 15, 1976, 90 Stat. 2415,
related to priority programs and projects.
Section 3738, Pub. L. 90–351, title I, § 308, as added
Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 204; amended Pub.
L. 94–503, title I, § 115, Oct. 15, 1976, 90 Stat. 2415, related
to Administration action upon State plans within prescribed time after date of submission.
Section 3739, Pub. L. 90–351, title I, § 309, as added
Pub. L. 94–503, title I, § 116, Oct. 15, 1976, 90 Stat. 2415,
related to assistance and grants to aid State antitrust
enforcement.
AMENDMENTS
2006—Pub. L. 109–162 substituted ‘‘private person or
public agency’’ for ‘‘particular individual’’.

SUBCHAPTER IV—ESTABLISHMENT OF
BUREAU OF JUSTICE ASSISTANCE
PRIOR PROVISIONS
A prior subchapter IV, consisting of sections 3741 to
3748, related to block grants by Bureau of Justice Assistance, prior to repeal by Pub. L. 100–690, title VI,
§ 6091(a), Nov. 18, 1988, 102 Stat. 4328. For similar provisions, see part A (§ 3750 et seq.) of subchapter V of this
chapter.
Section 3741, Pub. L. 90–351, title I, § 401, as added
Pub. L. 98–473, title II, § 606, Oct. 12, 1984, 98 Stat. 2080;
amended Pub. L. 99–570, title I, § 1552(b)(1), Oct. 27, 1986,
100 Stat. 3207–46, related to establishment of Bureau of
Justice Assistance, appointment of Director, and authority and restrictions with regard to Director.
Section 3742, Pub. L. 90–351, title I, § 402, as added
Pub. L. 98–473, title II, § 606, Oct. 12, 1984, 98 Stat. 2080,
related to duties and functions of Director.
Section 3743, Pub. L. 90–351, title I, § 403, as added
Pub. L. 98–473, title II, § 606, Oct. 12, 1984, 98 Stat. 2081,
described grant program.
Section 3744, Pub. L. 90–351, title I, § 404, as added
Pub. L. 98–473, title II, § 606, Oct. 12, 1984, 98 Stat. 2082,

§ 3735

authorized Bureau to make financial assistance under
this subchapter available to States.
Section 3745, Pub. L. 90–351, title I, § 405, as added
Pub. L. 98–473, title II, § 606, Oct. 12, 1984, 98 Stat. 2082,
related to applications for assistance and contents of
applications.
Section 3746, Pub. L. 90–351, title I, § 406, as added
Pub. L. 98–473, title II, § 606, Oct. 12, 1984, 98 Stat. 2084,
related to review of applications.
Section 3747, Pub. L. 90–351, title I, § 407, as added
Pub. L. 98–473, title II, § 606, Oct. 12, 1984, 98 Stat. 2084,
related to allocation and distribution of funds.
Section 3748, Pub. L. 90–351, title I, § 408, as added
Pub. L. 98–473, title II, § 606, Oct. 12, 1984, 98 Stat. 2085,
related to designation of a State office to prepare applications and administer funds.
Another prior subchapter IV, consisting of sections
3741 to 3745, related to formula grant program, prior to
the general amendment of this subchapter by Pub. L.
98–473.
Section 3741, Pub. L. 90–351, title I, § 401, as added
Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1179, described
formula grant program.
Section 3742, Pub. L. 90–351, title I, § 402, as added
Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1181, related to
eligibility provisions for formula grants.
Section 3743, Pub. L. 90–351, title I, § 403, as added
Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1187, concerned
application requirements for formula grants.
Section 3744, Pub. L. 90–351, title I, § 404, as added
Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1188, provided
for review of applications for formula grants.
Section 3745, Pub. L. 90–351, title I, § 405, as added
Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1189, provided
for allocation and distribution of funds for formula
grants.
Another prior subchapter IV, consisting of sections
3741 to 3748 and 3750 to 3750d, related to training, education, research, demonstration, and special grants
prior to the general amendment of this chapter by Pub.
L. 96–157.
Section 3741, Pub. L. 90–351, title I, § 401, June 19, 1968,
82 Stat. 203; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 205,
set out the Congressional statement of purposes in
making provision for training, education, research,
demonstration, and special grants.
Section 3742, Pub. L. 90–351, title I, § 402, June 19, 1968,
82 Stat. 203; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 205;
Pub. L. 94–503, title I, § 117, Oct. 15, 1976, 90 Stat. 2416,
provided for creation of a National Institute of Law Enforcement and Criminal Justice.
Section 3743, Pub. L. 90–351, title I, § 403, June 19, 1968,
82 Stat. 203; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 206,
related to limitations on size of grants and contributions requirements for grants.
Section 3744, Pub. L. 90–351, title I, § 404, June 19, 1968,
82 Stat. 204; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 207,
provided for Federal Bureau of Investigation law enforcement training programs.
Section 3745, Pub. L. 90–351, title I, § 405, June 19, 1968,
82 Stat. 204; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 207,
repealed Law Enforcement Assistance Act of 1965 and
provided for funds to continue projects started thereunder.
Section 3746, Pub. L. 90–351, title I, § 406, June 19, 1968,
82 Stat. 204; Pub. L. 91–644, title I, § 5(1), Jan. 2, 1971, 84
Stat. 1884; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 207,
provided for academic educational assistance.
Section 3747, Pub. L. 90–351, title I, § 407, formerly
§ 408, as added Pub. L. 91–644, title I, § 5(2), Jan. 2, 1971,
84 Stat. 1885; renumbered § 407, Pub. L. 93–83, § 2, Aug. 6,
1973, 87 Stat. 209, related to administration of training
programs for prosecuting attorneys.
Another prior section 3747, Pub. L. 90–351, title I, § 407,
as added Pub. L. 91–644, title I, § 5(2), Jan. 2, 1971, 84
Stat. 1885, related to Administration law enforcement
training program for enforcement personnel, prior to
the general amendment of this chapter by section 2 of
Pub. L. 93–83.
Section 3748, Pub. L. 90–351, title I, § 408, as added
Pub. L. 91–644, title I, § 5(2), Jan. 2, 1971, 84 Stat. 1885,