34 U.S.C. § 10122 — National Institute of Justice

Page 36 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10121 SUBCHAPTER II—NATIONAL INSTITUTE OF JUSTICE § 10121. Statement of purpose It is the purpose of this subchapter to estab- lish a National Institute of Justice, which shall provide for and encourage research and dem- onstration 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 dis- pute-resolution forums; and (4) identifying programs of proven effective- ness, programs having a record of proven suc- cess, or programs which offer a high prob- ability of improving the functioning of the criminal justice system. The Institute shall have authority to engage in and encourage research and development to im- prove and strengthen the criminal justice sys- tem and related aspects of the civil justice sys- tem and to disseminate the results of such ef- forts 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 car- ried out under this chapter which have dem- onstrated 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 ap- plied research. (Pub. L. 90–351, title I, § 201, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1172; amended Pub. L. 98–473, title II, § 604(a), Oct. 12, 1984, 98 Stat. 2078.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 90–351, as added by Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1167, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. CODIFICATION Section was formerly classified to section 3721 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 201 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 198; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 197; Pub. L. 94–503, title I, § 104, Oct. 15, 1976, 90 Stat. 2408, set out Congressional statement of purpose in pro- viding 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 alter- natives to judicial resolution of disputes,’’ after ‘‘local governments,’’, and inserted ‘‘and demonstrate’’ after ‘‘to develop’’. Statutory Notes and Related Subsidiaries 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 Ef- fective Date note under section 10101 of this title. NATIONAL TRAINING PROGRAM FOR STATE AND LOCAL PROSECUTORS Pub. L. 110–424, Oct. 15, 2008, 122 Stat. 4819, provided that: ‘‘SECTION 1. TRAINING FOR STATE AND LOCAL PROSECUTORS. ‘‘The Attorney General is authorized to award a grant to a national nonprofit organization (such as the National District Attorneys Association) to conduct a national training program for State and local prosecu- tors for the purpose of improving the professional skills of State and local prosecutors and enhancing the abil- ity of Federal, State, and local prosecutors to work to- gether. ‘‘SEC. 2. COMPREHENSIVE CONTINUING LEGAL EDUCATION. ‘‘The Attorney General may provide assistance to the grantee under section 1 to carry out the training pro- gram described in such section, including comprehen- sive continuing legal education in the areas of trial practice, substantive legal updates, support staff train- ing, and any other assistance the Attorney General de- termines to be appropriate. ‘‘SEC. 3. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated to the At- torney General to carry out this Act $4,750,000 for each of the fiscal years 2009 through 2012, to remain avail- able until expended.’’ § 10122. National Institute of Justice (a) Establishment; general authority of Attorney General over Institute There is established within the Department of Justice, under the general authority of the At- torney General, a National Institute of Justice (hereinafter referred to in this subchapter as the ‘‘Institute’’). (b) Director of Institute; appointment by Presi- dent; authority; restrictions The Institute shall be headed by a Director ap- pointed by the President. The Director shall have had experience in justice research. The Di- rector shall report to the Attorney General through the Assistant Attorney General. The Director shall have final authority over all grants, cooperative agreements, and contracts awarded by the Institute. 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 or- ganization, agency, or institution with which the Institute makes any contract or other ar- rangement under this chapter. (c) Duties and functions The Institute is authorized to— (1) make grants to, or enter into cooperative agreements or contracts with, public agencies, institutions of higher education, private orga- nizations, or individuals to conduct research, demonstrations, or special projects pertaining Page 37 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10122 to the purposes described in this subchapter, and provide technical assistance and training in support of tests, demonstrations, and spe- cial projects; (2) conduct or authorize multiyear and short-term research and development con- cerning the criminal and civil justice systems in an effort— (A) to identify alternative programs for achieving system goals; (B) to provide more accurate information on the causes and correlates of crime; (C) to analyze the correlates of crime and juvenile delinquency and provide more accu- rate information on the causes and cor- relates of crime and juvenile delinquency; (D) to improve the functioning of the criminal justice system; (E) to develop new methods for the preven- tion and reduction of crime, including the development of programs to facilitate co- operation among the States and units of local government, the detection and appre- hension of criminals, the expeditious, effi- cient, and fair disposition of criminal and ju- venile delinquency cases, the improvement of police and minority relations, the conduct of research into the problems of victims and witnesses of crime, the feasibility and con- sequences of allowing victims to participate in criminal justice decisionmaking, the fea- sibility and desirability of adopting proce- dures and programs which increase the vic- tim’s participation in the criminal justice process, the reduction in the need to seek court resolution of civil disputes, and the de- velopment of adequate corrections facilities and effective programs of correction; and (F) to develop programs and projects to improve and expand the capacity of States and units of local government and combina- tions of such units, to detect, investigate, prosecute, and otherwise combat and pre- vent white-collar crime and public corrup- tion, to improve and expand cooperation among the Federal Government, States, and units of local government in order to en- hance the overall criminal justice system re- sponse to white-collar crime and public cor- ruption, and to foster the creation and im- plementation of a comprehensive national strategy to prevent and combat white-collar crime and public corruption. In carrying out the provisions of this sub- section, the Institute may request the assist- ance of both public and private research agen- cies; (3) evaluate the effectiveness, including cost effectiveness where practical, of projects or programs carried out under this chapter; (4) make recommendations for action which can be taken by Federal, State, and local gov- ernments and by private persons and organiza- tions to improve and strengthen criminal and civil justice systems; (5) provide research fellowships and clinical internships and carry out programs of training and special workshops for the presentation and dissemination of information resulting from research, demonstrations, and special projects including those authorized by this subchapter; (6) collect and disseminate information ob- tained by the Institute or other Federal agen- cies, public agencies, institutions of higher education, and private organizations relating to the purposes of this subchapter; (7) serve as a national and international clearinghouse for the exchange of information with respect to the purposes of this sub- chapter; (8) after consultation with appropriate agen- cies and officials of States and units of local government, make recommendations for the designation of programs or projects which will be effective in improving the functioning of the criminal justice system, for funding as dis- cretionary grants under subchapter V; (9) encourage, assist, and serve in a con- sulting capacity to Federal, State, and local justice system agencies in the development, maintenance, and coordination of criminal and civil justice programs and services; and (10) research and development of tools and technologies relating to prevention, detection, investigation, and prosecution of crime; and (11) support research, development, testing, training, and evaluation of tools and tech- nology for Federal, State, and local law en- forcement agencies. (d) Criminal and civil justice research To insure that all criminal and civil justice re- search is carried out in a coordinated manner, the Director is authorized to— (1) utilize, with their consent, the services, equipment, personnel, information, and facili- ties of other Federal, State, local, and private agencies and instrumentalities with or with- out reimbursement therefor; (2) confer with and avail itself of the co- operation, services, records, and facilities of State or of municipal or other local agencies; (3) request such information, data, and re- ports from any Federal agency as may be re- quired to carry out the purposes of this sec- tion, and the agencies shall provide such infor- mation to the Institute as required to carry out the purposes of this subchapter; (4) seek the cooperation of the judicial branches of Federal and State Government in coordinating civil and criminal justice re- search and development; and (5) exercise the powers and functions set out in subchapter VII. (Pub. L. 90–351, title I, § 202, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1172; amended Pub. L. 98–473, title II, § 604(b), Oct. 12, 1984, 98 Stat. 2078; Pub. L. 103–322, title XXXIII, § 330001(h)(1), Sept. 13, 1994, 108 Stat. 2139; Pub. L. 107–296, title II, § 237, Nov. 25, 2002, 116 Stat. 2162; Pub. L. 112–166, § 2(h)(3), Aug. 10, 2012, 126 Stat. 1285.) Editorial Notes CODIFICATION Section was formerly classified to section 3722 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. Page 38 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10123 PRIOR PROVISIONS A prior section 202 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 198; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 198, provided for making of grants to State planning agencies, prior to the general amendment of this chap- ter 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. 2002—Subsec. (c)(3). Pub. L. 107–296, § 237(1), inserted ‘‘, including cost effectiveness where practical,’’ after ‘‘evaluate the effectiveness’’. Subsec. (c)(10), (11). Pub. L. 107–296, § 237(2), added pars. (10) and (11). 1994—Subsec. (c)(2)(E). Pub. L. 103–322 substituted ‘‘crime,’’ for ‘‘crime,,’’. 1984—Subsec. (b). Pub. L. 98–473, § 604(b)(1), required Director to report to Attorney General through Assist- ant Attorney General. Subsec. (c)(2)(A). Pub. L. 98–473, § 604(b)(2)(A)(i), struck out ‘‘, including programs authorized by section 3713 of this title’’ after ‘‘system goals’’. Subsec. (c)(2)(E). Pub. L. 98–473, § 604(b)(2)(A)(ii), struck out ‘‘the prevention and reduction of parental kidnaping’’ after ‘‘reduction of crime,’’. 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 infor- mation. 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 des- ignated, struck out ‘‘nationality priority grants under subchapter V of this chapter and’’ after ‘‘for funding as’’ and substituted ‘‘subchapter V’’ for ‘‘subchapter VI’’. Former par. (8) redesignated (7). Subsec. (c)(9). Pub. L. 98–473, § 604(b)(2)(E), (F), redes- ignated 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), redes- ignated pars. (10) and (11) as (8) and (9), respectively. 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. 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, Do- mestic 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 Ef- fective Date note under section 10101 of this title. § 10123. 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 Insti- tute 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, § 203, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1174.) Editorial Notes CODIFICATION Section was formerly classified to section 3723 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 203 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 199; Pub. L. 91–644, title I, § 3(a)–(c), 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 agen- cies, prior to the general amendment of this chapter by Pub. L. 96–157. SUBCHAPTER III—BUREAU OF JUSTICE STATISTICS § 10131. Statement of purpose It is the purpose of this subchapter to provide for and encourage the collection and analysis of statistical information concerning crime, juve- nile delinquency, and the operation of the crimi- nal justice system and related aspects of the civil justice system and to support the develop- ment 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, ju- venile 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 govern- mental organizations and facilities responsible for the collection and analysis of criminal jus- tice data and statistics. In carrying out the pro- visions 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.) Editorial Notes CODIFICATION Section was formerly classified to section 3731 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 301 of Pub. L. 90–351, title I, 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, 1976, 90 Stat. 2411, 2424, related to purposes and categories of grants for law enforcement and criminal justice pur- poses, prior to the general amendment of this chapter by Pub. L. 96–157. AMENDMENTS 1984—Pub. L. 98–473 struck out ‘‘(including white-col- lar crime and public corruption)’’ after ‘‘information