34 U.S.C. § 60502 — Definitions

Page 677 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 60502 Second Chance Act grant program in improving reentry and reducing recidivism. Such funding may be used to provide support to grantees for supplemental data col- lection, analysis, and coordination associated with evaluation activities. ‘‘(c) TECHNIQUES.—Evaluations conducted under this section shall use appropriate methodology and research designs. Impact evaluations conducted under this sec- tion shall include the use of intervention and control groups chosen by random assignment methods, to the extent possible. ‘‘(d) METRICS AND OUTCOMES FOR EVALUATION.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the National Institute of Justice shall consult with relevant stakeholders and identify outcome measures, including employ- ment, housing, education, and public safety, that are to be achieved by programs authorized under the Sec- ond Chance Act grant program and the metrics by which the achievement of such outcomes shall be de- termined. ‘‘(2) PUBLICATION.—Not later than 30 days after the date on which the National Institute of Justice iden- tifies metrics and outcomes under paragraph (1), the Attorney General shall publish such metrics and out- comes identified. ‘‘(e) DATA COLLECTION.—As a condition of award under the Second Chance Act grant program (including a subaward under section 3021(b) of title I of the Omni- bus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10701(b))), grantees shall be required to collect and report to the Department of Justice data based upon the metrics identified under subsection (d). In ac- cordance with applicable law, collection of individual- level data under a pledge of confidentiality shall be protected by the National Institute of Justice in ac- cordance with such pledge. ‘‘(f) DATA ACCESSIBILITY.—Not later than 5 years after the date of enactment of this Act, the National Insti- tute of Justice shall— ‘‘(1) make data collected during the course of eval- uation under this section available in de-identified form in such a manner that reasonably protects a pledge of confidentiality to participants under sub- section (e); and ‘‘(2) make identifiable data collected during the course of evaluation under this section available to qualified researchers for future research and evalua- tion, in accordance with applicable law. ‘‘(g) PUBLICATION AND REPORTING OF EVALUATION FINDINGS.—The National Institute of Justice shall— ‘‘(1) not later than 365 days after the date on which the enrollment of participants in an impact evalua- tion is completed, publish an interim report on such evaluation; ‘‘(2) not later than 90 days after the date on which any evaluation is completed, publish and make pub- licly available such evaluation; and ‘‘(3) not later than 60 days after the completion date described in paragraph (2), submit a report to the Committee on the Judiciary of the House of Rep- resentatives and the Committee on the Judiciary of the Senate on such evaluation. ‘‘(h) SECOND CHANCE ACT GRANT PROGRAM DEFINED.— In this section, the term ‘Second Chance Act grant pro- gram’ means any grant program reauthorized under this title [see section 501 of Pub. L. 115–391, set out as a Short Title of 2018 Amendment note under section 10101 of this title] and the amendments made by this title.’’ Executive Documents PROMOTING REHABILITATION AND REINTEGRATION OF FORMERLY INCARCERATED INDIVIDUALS Memorandum of President of the United States, Apr. 29, 2016, 81 F.R. 26993, which established the Federal Interagency Reentry Council and directed agencies to take certain measures to reduce barriers to employ- ment for formerly incarcerated individuals, was re- voked by Ex. Ord. No. 13826, § 5, Mar. 7, 2018, 83 F.R. 10773. § 60502. Definitions In this Act— (1) the term ‘‘exoneree’’ means an individual who— (A) has been convicted of a Federal, tribal, or State offense that is punishable by a term of imprisonment of more than 1 year; (B) has served a term of imprisonment for not less than 6 months in a Federal, tribal, or State prison or correctional facility as a result of the conviction described in sub- paragraph (A); and (C) has been determined to be factually in- nocent of the offense described in subpara- graph (A); (2) the term ‘‘Indian tribe’’ has the meaning given in section 10251 of this title; (3) the term ‘‘offender’’ includes an exoneree; and (4) the term ‘‘Transitional Jobs strategy’’ means an employment strategy for youth and adults who are chronically unemployed or those that have barriers to employment that— (A) is conducted by State, tribal, and local governments, State, tribal, and local work- force boards, and nonprofit organizations; (B) provides time-limited employment using individual placements, team place- ments, and social enterprise placements, without displacing existing employees; (C) pays wages in accordance with applica- ble law, but in no event less than the higher of the rate specified in section 206(a)(1) of title 29 or the applicable State or local min- imum wage law, which are subsidized, in whole or in part, by public funds; (D) combines time-limited employment with activities that promote skill develop- ment, remove barriers to employment, and lead to unsubsidized employment such as a thorough orientation and individual assess- ment, job readiness and life skills training, case management and supportive services, adult education and training, child support- related services, job retention support and incentives, and other similar activities; (E) places participants into unsubsidized employment; and (F) provides job retention, re-employment services, and continuing and vocational edu- cation to ensure continuing participation in unsubsidized employment and identification of opportunities for advancement. (Pub. L. 110–199, § 4, Apr. 9, 2008, 122 Stat. 660; Pub. L. 115–391, title V, § 502(g)(1), Dec. 21, 2018, 132 Stat. 5231.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 110–199, Apr. 9, 2008, 122 Stat. 657, known as the Second Chance Act of 2007: Community Safety Through Recidivism Preven- tion and also as the Second Chance Act of 2007. For complete classification of this Act to the Code, see Short Title of 2008 Act note set out under section 10101 of this title and Tables. Page 678 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 60503 1 So in original. Probably should be ‘‘as a competitive grant’’. 2 See References in Text note below. 1 See References in Text note below. CODIFICATION Section was formerly classified to section 17502 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2018—Pub. L. 115–391 amended section generally. Prior to amendment, text read as follows: ‘‘In this Act, the term ‘Indian Tribe’ has the meaning given that term in section 10251 of this title.’’ § 60503. Submission of reports to Congress Not later than January 31 of each year, the Attorney General shall submit to the Com- mittee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives each report required by the At- torney General under this Act or an amendment made by this Act during the preceding year. (Pub. L. 110–199, § 5, Apr. 9, 2008, 122 Stat. 660.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 110–199, Apr. 9, 2008, 122 Stat. 657, known as the Second Chance Act of 2007: Community Safety Through Recidivism Preven- tion and also as the Second Chance Act of 2007. For complete classification of this Act to the Code, see Short Title of 2008 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 17503 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 60504. Rule of construction Nothing in this Act or an amendment made by this Act shall be construed as creating a right or entitlement to assistance or services for any in- dividual, program, or grant recipient. Each grant made under this Act or an amendment made by this Act shall— (1) be made as competitive grants 1 to eligi- ble entities for a 12-month period, except that grants awarded under section 113 2, section 60521 of this title, section 60531 of this title, and section 60532 2 of this title or under section 10631 of this title may be made for a 24-month period; and (2) require that services for participants, when necessary and appropriate, be trans- ferred from programs funded under this Act or the amendment made by this Act, respec- tively, to State and community-based pro- grams not funded under this Act or the amend- ment made by this Act, respectively, before the expiration of the grant. (Pub. L. 110–199, § 6, Apr. 9, 2008, 122 Stat. 660; Pub. L. 115–391, title V, § 502(h), Dec. 21, 2018, 132 Stat. 5231.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 110–199, Apr. 9, 2008, 122 Stat. 657, known as the Second Chance Act of 2007: Community Safety Through Recidivism Preven- tion and also as the Second Chance Act of 2007. For complete classification of this Act to the Code, see Short Title of 2008 Act note set out under section 10101 of this title and Tables. Section 113, referred to in par. (1), means section 113 of Pub. L. 110–199. For complete classification of sec- tion 113 of Pub. L. 110–199 to the Code, see Tables. Section 60532 of this title, referred to in par. (1), was repealed by Pub. L. 115–391, title V, § 504(a), Dec. 21, 2018, 132 Stat. 5233. CODIFICATION Section was formerly classified to section 17504 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2018—Par. (1). Pub. L. 115–391 inserted ‘‘or under sec- tion 10631 of this title’’ after ‘‘section 60532 of this title’’. § 60505. Audit and accountability of grantees (a) Definitions In this section— (1) the term ‘‘covered grant program’’ means grants awarded under section 60511, 60521, or 60531 of this title, as amended by this title; 1 (2) the term ‘‘covered grantee’’ means a re- cipient of a grant from a covered grant pro- gram; (3) the term ‘‘nonprofit’’, when used with re- spect to an organization, means an organiza- tion that is described in section 501(c)(3) of title 26, and is exempt from taxation under section 501(a) of such title; and (4) the term ‘‘unresolved audit finding’’ means an audit report finding in a final audit report of the Inspector General of the Depart- ment of Justice that a covered grantee has used grant funds awarded to that grantee under a covered grant program for an unau- thorized expenditure or otherwise unallowable cost that is not closed or resolved during a 12- month period prior to the date on which the final audit report is issued. (b) Audit requirement Beginning in fiscal year 2019, and annually thereafter, the Inspector General of the Depart- ment of Justice shall conduct audits of covered grantees to prevent waste, fraud, and abuse of funds awarded under covered grant programs. The Inspector General shall determine the ap- propriate number of covered grantees to be au- dited each year. (c) Mandatory exclusion A grantee that is found to have an unresolved audit finding under an audit conducted under subsection (b) may not receive grant funds under a covered grant program in the fiscal year following the fiscal year to which the finding re- lates. (d) Reimbursement If a covered grantee is awarded funds under the covered grant program from which it re- ceived a grant award during the 1-fiscal-year pe- riod during which the covered grantee is ineli- gible for an allocation of grant funds under sub- section (c), the Attorney General shall—