34 U.S.C. § 10133 — Authority for 100 per centum grants

Page 43 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10133 ‘‘(3) the manner in which the Federal and State criminal justice systems respond to crimes against seniors; ‘‘(4) the feasibility of States establishing and main- taining a centralized computer database on the inci- dence of crimes against seniors that will promote the uniform identification and reporting of such crimes; ‘‘(5) the effectiveness of damage awards in court ac- tions and other means by which seniors receive reim- bursement and other damages after fraud has been es- tablished; 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, pro- vided that: ‘‘Beginning not later than 2 years after the date of enactment of this Act [Nov. 22, 2000], as part of each National Crime Victimization Survey, the Attor- ney General shall include statistics relating to— ‘‘(1) crimes targeting or disproportionately affect- ing seniors; ‘‘(2) crime risk factors for seniors, including the times and locations at which crimes victimizing sen- iors are most likely to occur; and ‘‘(3) specific characteristics of the victims of crimes who are seniors, including age, gender, race or eth- nicity, and socioeconomic status.’’ CRIME VICTIMS WITH DISABILITIES AWARENESS Pub. L. 105–301, Oct. 27, 1998, 112 Stat. 2838, as amend- ed 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 dem- onstrates that individuals with developmental dis- abilities 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 con- ducted in the United States; ‘‘(2) in fact, the National Crime Victim’s Survey, conducted annually by the Bureau of Justice Statis- tics of the Department of Justice, does not specifi- cally collect data relating to crimes against individ- uals 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 po- lice, prosecutors, and judges to rely on the testimony of a disabled individual, making individuals with de- velopmental disabilities a target for criminal preda- tors; ‘‘(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 sys- tem responds to crimes against individuals with de- velopmental disabilities; and ‘‘(C) identify programs, policies, or laws that hold promises for making the justice system more re- sponsive to crimes against individuals with devel- opmental 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 experi- ence 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 develop- mental disabilities; ‘‘(2) to collect data to measure the extent of the problem of crimes against individuals with develop- mental disabilities; and ‘‘(3) to develop a basis to find new strategies to ad- dress the safety and justice needs of victims of crime who are individuals with developmental disabilities. ‘‘SEC. 3. DEFINITION OF DEVELOPMENTAL DIS- ABILITY. ‘‘In this Act, the term ‘developmental disability’ has the meaning given the term in section 102 of the Devel- opmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15002]. ‘‘SEC. 4. STUDY. ‘‘(a) IN GENERAL.—The Attorney General shall con- duct a study to increase knowledge and information about crimes against individuals with developmental disabilities that will be useful in developing new strate- gies to reduce the incidence of crimes against those in- dividuals. ‘‘(b) ISSUES ADDRESSED.—The study conducted under this section shall address such issues as— ‘‘(1) the nature and extent of crimes against indi- viduals with developmental disabilities; ‘‘(2) the risk factors associated with victimization of individuals with developmental disabilities; ‘‘(3) the manner in which the justice system re- sponds to crimes against individuals with develop- mental disabilities; and ‘‘(4) the means by which States may establish and maintain a centralized computer database on the in- cidence 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 Acad- emy of Sciences to provide research for the study con- ducted 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 Judici- ary 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.’’ § 10133. 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 Bu- reau shall require, whenever feasible as a condi- tion of approval of a grant under this sub- chapter, 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.) Editorial Notes CODIFICATION Section was formerly classified to section 3733 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 303 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 201; Pub. L. 91–644, title I, § 4(5), (6), Jan. Page 44 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10134 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. § 10134. 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 re- lating 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.) Editorial Notes CODIFICATION Section was formerly classified to section 3735 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 304 of Pub. L. 90–351, as added by Pub. L. 96–157, was classified to section 3734 of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 98–473, title II, § 605(c), Oct. 12, 1984, 98 Stat. 2080. AMENDMENTS 2006—Pub. L. 109–162 substituted ‘‘private person or public agency’’ for ‘‘particular individual’’. SUBCHAPTER IV—ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE Editorial Notes PRIOR PROVISIONS This subchapter is comprised of part D (§ 401 et seq.) of title I of Pub. L. 90–351. A prior part D 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 (§ 10151 et seq.) of subchapter V of this chapter. § 10141. Establishment of Bureau of Justice As- sistance (a) There is established within the Department of Justice, under the general authority of the Attorney General, a Bureau of Justice Assist- ance (hereafter in this subchapter referred to as the ‘‘Bureau’’). (b) The Bureau shall be headed by a Director (hereafter in this subchapter referred to as the ‘‘Director’’) who shall be appointed by the Presi- dent. The Director shall report to the Attorney General through the Assistant Attorney Gen- eral. The Director shall have final authority for all grants, cooperative agreements, and con- tracts awarded by the Bureau. The Director shall not engage in any employment other than that of serving as the Director, nor shall the Di- rector 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 chapter. (Pub. L. 90–351, title I, § 401, as added Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4328; amended Pub. L. 112–166, § 2(h)(2), Aug. 10, 2012, 126 Stat. 1285.) Editorial Notes CODIFICATION Section was formerly classified to section 3741 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 401 of Pub. L. 90–351, title I, 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 au- thority and restrictions with regard to Director, prior to repeal by Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4328. Another prior section 401 of Pub. L. 90–351, title I, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1179, de- scribed formula grant program, prior to the general amendment of part D of title I of Pub. L. 90–351 by Pub. L. 98–473. Another prior section 401 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 203; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 205, set out the Congressional statement of pur- poses in making provision for training, education, re- search, demonstration, and special grants, prior to the general amendment of title I of Pub. L. 90–351 by Pub. L. 96–157. AMENDMENTS 2012—Subsec. (b). Pub. L. 112–166 struck out ‘‘, by and with the advice and consent of the Senate’’ before pe- riod at end of first sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. TRANSFER OF FUNCTIONS Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 108(b)], Nov. 29, 1999, 113 Stat. 1535, 1501A–20, provided that: ‘‘Notwithstanding any other provision of law, effective August 1, 2000, all functions of the Director of the Bu- reau of Justice Assistance, other than those enumer- ated in the Omnibus Crime Control and Safe Streets Act, as amended, 42 U.S.C. 3742(3) through (6) [now 34 U.S.C. 10142(3)–(6)], are transferred to the Assistant At- torney General for the Office of Justice Programs.’’ § 10142. Duties and functions of Director The Director shall have the following duties: (1) Providing funds to eligible States, units of local government, and nonprofit organiza- tions pursuant to subchapters V and XIII. (2) Establishing programs in accordance with part B of subchapter V and, following public announcement of such programs, awarding and allocating funds and technical assistance in accordance with the criteria of part B of subchapter V, and on terms and con- ditions determined by the Director to be con- sistent with part B of subchapter V. (3) Cooperating with and providing technical assistance to States, units of local govern-