34 U.S.C. § 10230 — Other administrative provisions

Page 71 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10230 set out as an Effective Date note under section 10101 of this title. § 10229. Report to President and Congress Not later than April 1 of each year, the Assist- ant Attorney General, the Director of the Bu- reau of Justice Assistance, the Director of the Bureau of Justice Statistics, and the Director of the National Institute of Justice shall each sub- mit a report to the President and to the Speaker of the House of Representatives and the Presi- dent of the Senate, on their activities under this chapter during the fiscal year next preceding such date. (Pub. L. 90–351, title I, § 810, formerly § 816, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1209; renumbered § 810 and amended Pub. L. 98–473, title II, § 609B(f), (i), Oct. 12, 1984, 98 Stat. 2093, 2095.) Editorial Notes CODIFICATION Section was formerly classified to section 3789e of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 810 of Pub. L. 90–351 was classified to section 3788 of Title 42, The Public Health and Welfare, prior to repeal by section 609B(e) of Pub. L. 98–473. AMENDMENTS 1984—Pub. L. 98–473, § 609B(i), substituted requirement of individual reports by certain officials of listed agen- cies to the President and the Speaker of the House and President of the Senate for former subsec. (a) through (e) provisions which included requirement of an annual report on or before March 31 of each year to the Presi- dent and Committees on the Judiciary of the Senate and the House, including description of scope of cov- erage; report covering receipt and compilation of eval- uations, statistics, and performance reports, com- prehensive statistics, analyses, and findings respecting attainment of described objectives; plan for collection, analysis, and evaluation of data for measurement of progress in prescribed and additional areas, definition of ‘‘comprehensive statistics’’ and ‘‘reasonably ex- pected contribution’’; attainment of reasonably ex- pected contribution in prescribed and added areas; and data collection, including minimum duplication. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 609B(i) of Pub. L. 98–473 effec- tive Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Effective Date note under section 10101 of this title. TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bu- reau of Justice Assistance, other than those enumer- ated in section 10142(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Pro- grams, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 10141 of this title. § 10230. Other administrative provisions (a) Recordkeeping requirement; scope of disclo- sure; other sources of funds Each recipient of funds under this chapter shall keep such records as the Office of Justice Programs shall prescribe, including records which fully disclose the amount and disposition by such recipient of the funds, the total cost of the project or undertaking for which such funds are used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will fa- cilitate an effective audit. (b) Access to records for audit and examination The Office of Justice Programs or any of its duly authorized representatives, shall have ac- cess for purpose of audit and examination of any books, documents, papers, and records of the re- cipients of funds under this chapter which in the opinion of the Office of Justice Programs may be related or pertinent to the grants, contracts, subcontracts, subgrants, or other arrangements referred to under this chapter. (c) Audit and examination period after comple- tion of program or project The Comptroller General of the United States or any of his duly authorized representatives, shall, until the expiration of three years after the completion of the program or project with which the assistance is used, have access for the purpose of audit and examination to any books, documents, papers, and records of recipients of Federal funds under this chapter which in the opinion of the Comptroller General may be re- lated or pertinent to the grants, contracts, sub- contracts, subgrants, or other arrangements re- ferred to under this chapter. (d) Recipients of assistance subject to provisions of section The provisions of this section shall apply to all recipients of assistance under this chapter, whether by direct grant, cooperative agreement, or contract under this chapter or by subgrant or subcontract from primary grantees or contrac- tors under this chapter. (e) Revolving fund for acquisition of stolen goods and property within Bureau of Justice As- sistance There is hereby established within the Bureau of Justice Assistance a revolving fund for the purpose of supporting projects that will acquire stolen goods and property in an effort to disrupt illicit commerce in such goods and property. Notwithstanding any other provision of law, any income or royalties generated from such projects together with income generated from any sale or use of such goods or property, where such goods or property are not claimed by their lawful owner, shall be paid into the revolving fund. Where a party establishes a legal right to such goods or property, the Administrator of the fund may in his discretion assert a claim against the property or goods in the amount of Federal funds used to purchase such goods or property. Proceeds from such claims shall be paid into the revolving fund. The Administrator is authorized to make disbursements by appro- priate means, including grants, from the fund for the purpose of this section. (Pub. L. 90–351, title I, § 811, formerly § 817, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1212; renumbered § 811 and amended Pub. L. 98–473, title II, § 609B(f), (j), Oct. 12, 1984, 98 Stat. Page 72 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10231 2093, 2096; Pub. L. 103–322, title XXXIII, § 330001(h)(12), Sept. 13, 1994, 108 Stat. 2139.) Editorial Notes CODIFICATION Section was formerly classified to section 3789f of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 811 of Pub. L. 90–351 was classified to section 3789 of Title 42, The Public Health and Welfare, prior to repeal by section 609B(e) of Pub. L. 98–473. AMENDMENTS 1994—Subsec. (e). Pub. L. 103–322 substituted ‘‘Bureau of Justice Assistance’’ for ‘‘Law Enforcement Assist- ance Administration’’. 1984—Subsecs. (a), (b). Pub. L. 98–473, § 609B(j)(1), sub- stituted ‘‘Office of Justice Programs’’ for ‘‘Office of Justice Assistance, Research, and Statistics’’ wherever appearing. Subsecs. (d) to (f). Pub. L. 98–473, § 609B(j)(2), (3), re- designated subsecs. (e) and (f) as (d) and (e), respec- tively, and struck out former subsec. (d) relating to civil rights regulations and conforming changes of the regulations. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 609B(j) of Pub. L. 98–473 effec- tive Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Effective Date note under section 10101 of this title. § 10231. Confidentiality of information (a) Research or statistical information; immunity from process; prohibition against admission as evidence or use in any proceedings No officer or employee of the Federal Govern- ment, and no recipient of assistance under the provisions of this chapter shall use or reveal any research or statistical information furnished under this chapter by any person and identifi- able to any specific private person for any pur- pose other than the purpose for which it was ob- tained in accordance with this chapter. Such in- formation and copies thereof shall be immune from legal process, and shall not, without the consent of the person furnishing such informa- tion, be admitted as evidence or used for any purpose in any action, suit, or other judicial, legislative, or administrative proceedings. (b) Criminal history information; disposition and arrest data; procedures for collection, stor- age, dissemination, and current status; secu- rity and privacy; availability for law enforce- ment, criminal justice, and other lawful pur- poses; automated systems: review, challenge, and correction of information All criminal history information collected, stored, or disseminated through support under this chapter shall contain, to the maximum ex- tent feasible, disposition as well as arrest data where arrest data is included therein. The col- lection, storage, and dissemination of such in- formation shall take place under procedures rea- sonably designed to insure that all such infor- mation is kept current therein; the Office of Justice Programs shall assure that the security and privacy of all information is adequately pro- vided for and that information shall only be used for law enforcement and criminal justice and other lawful purposes. In addition, an indi- vidual who believes that criminal history infor- mation concerning him contained in an auto- mated system is inaccurate, incomplete, or maintained in violation of this chapter, shall, upon satisfactory verification of his identity, be entitled to review such information and to ob- tain a copy of it for the purpose of challenge or correction. (c) Criminal intelligence systems and informa- tion; prohibition against violation of privacy and constitutional rights of individuals All criminal intelligence systems operating through support under this chapter shall collect, maintain, and disseminate criminal intelligence information in conformance with policy stand- ards which are prescribed by the Office of Jus- tice Programs and which are written to assure that the funding and operation of these systems furthers the purpose of this chapter and to as- sure that such systems are not utilized in viola- tion of the privacy and constitutional rights of individuals. (d) Violations; fine as additional penalty Any person violating the provisions of this section, or of any rule, regulation, or order issued thereunder, shall be fined not to exceed $10,000, in addition to any other penalty imposed by law. (Pub. L. 90–351, title I, § 812, formerly § 818, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1213; renumbered § 812 and amended Pub. L. 98–473, title II, § 609B(f), (k), Oct. 12, 1984, 98 Stat. 2093, 2096; Pub. L. 109–162, title XI, § 1115(c), Jan. 5, 2006, 119 Stat. 3104.) Editorial Notes CODIFICATION Section was formerly classified to section 3789g of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 812 of Pub. L. 90–351 was classified to section 3789a of Title 42, The Public Health and Wel- fare, prior to repeal by section 609B(e) of Pub. L. 98–473. AMENDMENTS 2006—Subsec. (a). Pub. L. 109–162 substituted ‘‘No’’ for ‘‘Except as provided by Federal law other than this chapter, no’’. 1984—Subsecs. (b), (c). Pub. L. 98–473, 609B(k), sub- stituted ‘‘Office of Justice Programs’’ for ‘‘Office of Justice Assistance, Research, and Statistics’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 609B(k) of Pub. L. 98–473 effec- tive Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Effective Date note under section 10101 of this title. CONSTRUCTION Terms ‘‘this chapter’’ and ‘‘this section’’, as such terms appear in this section, deemed to be references to chapter 501 and section 50105 of this title, respectively,